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3 Tips to Find a Great Personal Injury Lawyer

Finding a great personal injury lawyer can be very difficult because every attorney proclaims that they’re the best. Even if they’re a great attorney, there’s always another attorney who may look like they’re “better” based on their resume. I’ve put together 3 tips on how to hire a great personal injury lawyer below, but this list is not exhaustive or comprehensive. Finding the best personal injury attorney is a personal mission based off your unique case, where you are located and the attorneys in the local market.

1) Get a Personal Referral. If you have a friend or family member who has been in an accident and has gone through the process of vetting attorneys in the past, you should ask them what to look for and if they have a recommendation. Sometimes they can point you in the right direction if they had a good experience.

2) Read Online Reviews with a Grain of Salt. No matter how good or bad an attorney is, there’s an online review somewhere that says contrary. Lawyers can make people angry sometimes, this is a hazard of the industry. Clients sometimes don’t understand, or refuse to accept that there are sometimes legal matters of policy or procedure that are not within the control of the attorney handling the case. Once they feel like they haven’t received the help they were promised they take to Yelp, Avvo or another online review forum. Attorneys can sometimes be savvy online marketers, making sure to bolster their reviews with positive press.

3) What Types of Cases Does the Attorney “Specialize” in? If you’re looking at an attorney’s website and they market for every type of law there is, chances are good that they potentially don;t have a strong knowledge in all of them equally. Most attorneys stick to 1-3 areas of law, and some only do one type of practice. Generally, in personal injury law you want to choose a civil litigation attorney. This is usually a lawyer who has argued cases in civil court and tried a case in front of a judge and jury (in a non-criminal matter).

If you’ve been looking for the best Rancho Cucamonga personal injury lawyer and you’ve come across this article chances are good you;re frustrated at this point. However, don’t abandon hope and don’t sacrifice your case because you can’t make a decision. Choose 2-3 attorneys to talk to and interview each one. Once you’ve decided on an attorney, move forward and inquire about your case frequently. Although most personal injury attorneys are motivated to settle your case quickly because their compensation depends on it, sometimes cases have a tendency to languish due to procedure and paperwork. If your lawyer doesn’t communicate frequently you may feel “lost” in the system, don’t let that happen and set that up as a condition of them taking your case.

Understanding DUIs in the State of New Jersey

According to the centers for Disease Control and Prevention, there were 1,816 deaths in collisions involving drunk drivers in the State of New Jersey. DUIs are serious matter in all states, but the State of New Jersey handles DUIs differently. The State of New Jersey does not consider DUIs as criminal violations; rather, it considers them as motor vehicle offenses. As a motor vehicle offense, a DUI will be permanently placed on a motorist’s motor vehicle record. Further, placing DUIs as motor vehicle offenses can offer some benefits as to how offenders will handle their error after the conviction. 

DUIs do not require an expungement in the State of New Jersey, and here is why.

To answer simply, DUIs do not require expungements in the State of New Jersey because they are motor vehicle offenses, not criminal violations. In order for an offense to be eligible for an expungement, it needs to be a criminal proceeding. Ultimately, DUIs are documented solely on the motor vehicle record of the defendant and not on his or her criminal record.

While a DUI will not be recorded on an offender’s criminal record in the State of New Jersey, this does not entail that the offender will not face criminal penalties or sanctions. Defendants will face a judge in a municipal court who will then hear the evidence presented against the defendant. The judge will then issue a ruling based on the facts of the case. In the State of New Jersey, it is possible to receive a prison sentence. This is particularly true if the motorist has committed the offense a third time. In the event that an offender has been sentenced to prison, he or she will face imprisonment of 180 days or greater.   

DUIs in the State of New Jersey: important factors to consider while seeking employment.

Since having a DUI in the State of New Jersey is not considered a crime, a motorist who has a DUI on his or her record does not have disclose the charge if an employer asks if he or she has been convicted of a crime. In the event that the job application asks if the applicant has been previously convicted of a non-minor traffic offence, the DUI defendant will then need to disclose the record. This is because having a DUI on a driving record is considered a major traffic offense.

Many employers may purchase an applicant’s background check through third-party vendors as a segment of the hiring process. There are numerous types of information that an employer may have access to by purchasing a criminal background check. This may include, but not limited to, the following:

  • Criminal records
  • Vehicle registration records
  • Incarceration records
  • Driving records
  • Court records

Since the State of New Jersey does not report an offender’s DUI to the National Crime Information Center, an employer may or may not know of the offense. Depending on the extent of the background check, the DUI may not appear on the record. 

Obtaining Legal Assistance

DUIs in the State of New Jersey do not always require an expungement, but if the crime involved other charges, it is important to seek the help and support of a professional attorney.

Why ER Doctors Often Fail to Diagnose a Traumatic Brain Injury

If a traumatic brain injury (TBI) occurs at a construction site, in an auto accident, because a defective product explodes, or due to a workplace accident, the first place most victims go to is their local hospital emergency room. Patients rely on the ER to discover the TBI because early intervention can help save expenses and the necessary lifelong treatments for treating the TBI.

A March 2017 report by The Journal of Head Trauma Rehabilitation found that ER departments are doing a poor job of diagnosing traumatic brain injuries. A TBI abnormality was found in only nine percent of CT scans where a TBI was suspected, woefully short of the actual number of patients who, time would tell, actually did have a TBI. Part of the problem is the lack of CT scan sensitivity to finding the TBI, especially if the TBI is mild.

Another study by Janet Powell Ph.D. (reported in the Archives of Physical Rehabilitation) also confirmed that over half of those patients who had a TBI were not diagnosed by the ER staff as having one

Why are ER doctors failing to make a proper TBI diagnosis?

Some of the reasons ER doctors and medical teams miss a TBI diagnosis are:

  • The doctors are focusing on other injuries which appear more life-threatening
  • Failure to properly diagnose the TBI by mistaking it for another condition
  • Failure to document the TBI
  • Failure to properly read the results of the CT scan
  • Lack of a standardized approach to testing for a TBI

A delay in diagnosis not only hurts the patient’s chances for a medical recovery, delay can hurt the legal case too. A good Nashville TBI lawyer will tell you, it is not enough to just show there was negligence – that someone messed up. Victims and their families need to be able to demonstrate that the negligent act (such as speeding through a red light) caused the TBI. If the diagnosis is delayed, the insurance company may try to argue that the doctors were to blame for your problems and not the insurance carriers.

We sympathize with you. We understand just how crushing a TBI can be. People with a TBI sometimes die. Survivors often suffer memory loss, loss of taste, smell and other senses, or develop an inability to communicate. Many patients suffer from lifelong bouts of depression. If you’ve been injured, the attorneys at Rocky McElhaney Law Firm can help.

Do You Have a Legal Right to File a Car Accident Claim in Southern California?

car accident

According to a San Bernardino Sun July of 2017 article, a three-car hit-and-run accident sent five people to the hospital on a Saturday night. The victims in the crash included two infant children.
The accident happened shortly after 10:30 p.m. Deputies were called to Victoria Avenue and Base Lane where the accident happened. A total of seven people were involved in the car accident. However, Cal Fire officials said that only four people were sent to the hospital for treatment.

A red Kia Sportage and green Ford Expedition were the only two vehicles initially involved in the car accident. A third vehicle, a white Lexus, later allegedly struck the Kia as the driver and passengers tried to exit the vehicle.

The driver of the Lexus fled the scene on foot after allegedly hitting the Kia. The victims of the car crash suffered injuries ranging from minor to moderate.

At the time of the article, police were still looking for the driver of the Lexus. The article did not include whether the injured victims would file a personal injury case. A personal injury case in a lawsuit filed in civil court seeking damages, or money, for injuries sustained in an accident. Damages include:

  • Lost wages
  • Medical bills
  • Pain and suffering

When an Injured Victim has a Right to File a Claim in Southern California

An accident victim may not know if he or she has a right to file a personal injury case. For instance, a victim may worry that he or she was at fault for the accident or not be sure whom to sue. An injured victim of a car accident must meet two criteria to determine if he or she has a legal right to sue.

The first criteria involves negligence. Negligence is the failure to act as a reasonable person would in the same and/or similar circumstances. For instance, a driver would have stopped at a red light. However, a driver that caused an accident by speeding through the red light and hitting another vehicle or a pedestrian has not acted reasonably, as can be considered negligent. The latter driver would have failed to act as a reasonable person would in the same and/or similar circumstance.

Negligence is the foundation of any personal injury claim. In California, the other party involved in the car accident must be at least partially negligent for a victim to sue for damages.

The Second Criteria to have a Right to Sue Involves Sustaining an Injury in a Southern California Accident

A car accident may occur and a driver or passenger may not sustain any injury. It may be a minor fender bender that leaves no car damage, too. Typically, in those situations, a person does not have the right to sue the negligent driver.

The goal of a personal injury claim is to recoup damages sustained in an accident. If there are no damages, there is no need to file a lawsuit. Therefore, the second criteria involves an individual being physically injured or having property damage to sue.

Contact the San Bernardino car accident attorneys of Sanford A. Kassel, A Professional Law Corporation for assistance with your injury claim.

For help getting the money you deserve, contact us. We will work hard for you and get you the money you need. Contact us.

Cotton Candy, Farm Animals, Ferris Wheels and Vehicle Registrations

Typically when we think about the County Fair, we think about carnival rides and games, livestock, fried deserts and fun, but not handling our current DMV transactions. Well, California DMV is changing that notion and the way we complete common DMV transactions in the future may be easier and more convenient than ever.

Earlier this year the California DMV had announced and implemented their “DMV Now Self-Service Terminals” which were placed in grocery stores, college campuses and other retail style locations. These kiosks were aimed to reduce traffic and workflow in local DMV offices and to provide an easier option for California drivers to process simple and common transactions such as renewals.

In a recent press release, the California DMV announced that they will have the self service terminal available at the San Diego County Fair. The terminals will be in the general exhibit hall with DMV representatives to assist with questions as well as demonstrate using the terminals. The DMV is continuing to expand the locations where these permanent kiosks are placed and soon enough you may find one in your local neighborhood. For a complete list of self service terminals see the DMV’s list here.

California Drivers Advocates is a team of expert DMV Defense Advocates who represent California Drivers at the DMV when their license is at risk. Learn more about their DMV Hearing Defense here, or on their website here. You can also view general DMV Hearing Defense on www.californiadmvhearings.info.

Firework Accidents and Injuries

In the build-up to Independence Day, June marks Firework Safety Month in the state of California.

Fireworks cause around four deaths a year in the United States, and each one can be avoided with a few safety precautions. Over 9,000 people are hurt each year due to fireworks, with loss of sight, lost limbs and severe burns being three common injuries.

While June is Firework Safety Month, July is the high point for firework sales. The fourth of July wouldn’t be the same without large firework displays, but what happens if injuries occur?

Common firework injuries

Burns to hands and fingers are often the most typical injuries. Many times, these burns are more serious than people think. However, more severe accidents can occur, these can include:

  •   Nerve and ligament damage,
  •   Loss of eyesight,
  •   Scars and
  •   Loss of fingers or hands.

In July 2016, a nine-year-old girl in Compton lost her left hand and fingers on her right hand in a firework accident. The girl’s injuries occurred after a group of children threw a firework at the little girl, who picked it up before it exploded in her hand.

 

California Law

California’s law on fireworks is considered by many to be quite complex. Certain fireworks, known as “safe and sane” fireworks, can be bought by the public.

However, there are more dangerous items that the state has classified as illegal. The fireworks that took the nine-year-old Compton girl’s hand and fingers was believed to be illegal due to the power they produced.

Despite being classified as illegal, these dangerous fireworks are bought in the state and shot off every year.

Other problems with fireworks

Fireworks don’t just cause injuries due to blowing up in someone’s hands or face. Fireworks can cause fires to property, homes or even to a person’s clothing.

In July 2015, illegal fireworks caused fires that took one families home near Azusa. While the family lost their home due to the fireworks that “filled the sky”, the family made it out of the house without injury.

Negligence in using fireworks

On the fourth of July, it is common for many Californians to buy fireworks for their own personal fun. But those who purchase them need to be aware of the ramifications of their use.

If you are injured due to the negligence of someone during a fireworks display, you can hold them accountable. In the end, you could file a lawsuit against the person, if you seek compensation for any medical expenses that you incur.

If you are injured due to one of the following, you have a right to seek compensation:

  •   Injured during a business or city’s firework display,
  •   Injured on someone’s private property during a fireworks display, or
  •   Injury from an illegal firework being set off.

Illegal fireworks can also result in the user’s prosecution by police.

The Paris Firm

If you or a loved one has experienced injuries due to fireworks, the Paris Firm may be able to help you receive the compensation you deserve. The Paris Firm specializes in personal injury law and can give you advice on compensation, if you have been injured. Visit our website and contact us directly. The Paris Firm is here to help with all your personal injury law needs.