Recovery for domestic abuse: victims of domestic violence can fight back, with the law and good lawyers on their side. Insurance coverage or personal injury … for injuries.: An article from: Trial

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The Last Lawyer: The Fight to Save Death Row Inmates

Review

“For years, lawyer Ken Rose has fought to save wrongly-condemned prisoners; chronicling the story of Rose and death row inmate Bo Jones, author Temple (Deadhouse: Life in a Coroner’s Office) finds high drama in Raleigh penitentiaries, North Carolina backroads, cramped law offices, and sweltering courtrooms. Reviewing the original 1987 murder, the consequent trials and endless hearings, Temple creates an intimate portrait of Rose and his Center for Death Penalty Litigation…
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Fight For Your Rights as a Victim of Car Defect Accident With ‘Car Defect Injury Claim’

Sometimes when an accident occurs there is actually no one to blame except for the manufacturers of the motor vehicle that is called Car Defect Injury Claim. The goal of this claim is to establish a vehicle manufacturer or seller’s liability for a car defect. It is not important at which stage was the defect in designing, assembling, or handling a motor vehicle, a claim can be made if three of the following conditions exist:

Fight For Your Rights as a Victim of Car Defect Accident With ‘Car Defect Injury Claim’

Sometimes when an accident occurs there is actually no one to blame except for the manufacturers of the motor vehicle that is called Car Defect Injury Claim. The goal of this claim is to establish a vehicle manufacturer or seller’s liability for a car defect. It is not important at which stage was the defect in designing, assembling, or handling a motor vehicle, a claim can be made if three of the following conditions exist:

Do I Need an Attorney to Fight a Traffic Ticket?

Like clockwork I’m asked at least once a week whether I would suggest a potential client retain my services to fight a traffic violation in court. Like everything else in life, there are no cut and dry answers to this question. However, there are some general rules of thumb as to when it’s in your interest to have a criminal defense lawyer or dui lawyer by your side in court and when it might not be the wisest financial choice. 1. )If charged with a criminal traffic offense such as Operating a Motor Vehicle While Intoxicated, Driving While Suspended, Reckless Driving, etc. , it is almost always in one’s interest to have a criminal attorney by your side. Any traffic offense that can land you in jail and/or with a suspended license is one that should be handled by a criminal attorney. Depending upon the jurisdiction, too many good people make the critical mistake of thinking that a court appearance is not a big deal if it is heard in traffic court. After all, “I’m not a criminal” such people say to themselves, why do I need to retain a criminal defense lawyer? Whether one likes it or not, drunk driving, driving while suspended , reckless driving etc. are considered criminal offenses in nearly all American courtrooms. Unfortunately, one always has to keep in mind that a traffic law prosecutor often gets promoted on the severity of the criminal sentence imposed and NOT in looking out for one accused of a driving offenses best interests. As a result, it is often imperative that one accused of such a criminal offense in traffic court not leave potential criminal penalty and/or license suspension in the hands of one assigned to prosecute you for a criminal offense. By sending a message to a prosecutor that you will not be taken advantage of, it is often only the services of a criminal attorney that can eliminate the prospect of jail and/or probation with costly impediments to your liberty and livelihood. By finding ways to reduce criminal charges that may otherwise prevent license suspensions with costly increases in high risk insurance rates or by impressing upon a prosecutor that it will require more effort than a prosecution is worth not to resolve the case in a prompt and fair manner, an effective criminal attorney is often well worth the financial investment. Depending upon the state, it is always advisable to consult with a criminal lawyer for free as to the criminal offense charged in traffic court and a winning strategy to employ within the particular courtroom one finds themselves in.
2. )One does not need to employ a criminal defense lawyer or dui attorney if charged with a traffic “infraction” that may not result in possible jail time or possible driver’s license suspension. In most American courtrooms a traffic infraction is a traffic violation that is punishable by monetary fine and/or adverse points to your driving record. Unless circumstances exist where too many traffic infractions accumulated may result in a license suspension by your state’s department of motor vehicles, it is usually a wiser financial move to save whatever monies would be payable to a criminal attorney and use it to pay for any potential traffic fine for the violation. Yes, a defense attorney may be willing to fight an infraction for you in court at trial. However, in good conscience there are many criminal attorneys such as myself who take the position that such actions usually do more to benefit the financial interests of the trial attorney as opposed to the client paying them. “But the police officer was wrong to ticket me, do I not have the right to go to trial?” Yes, you have the right to trial. However, unlike a criminal case standard whereby a prosecutor must find a criminal defendant guilty beyond a reasonable doubt to sustain a criminal conviction, a traffic infraction is far different. To sustain a conviction for a traffic infraction, a prosecutor need only prove evidence of a driving offense by a “preponderance of the evidence,” or in plain English, “more likely than not. ” In the real world “in my opinion” too many judges are constrained in siding for those challenging traffic infractions, for to side with one challenging a ticket is to rebuke a police officer who will undoubtedly come before that same judge on a regular basis. Are there courageous and principled jurists in infraction trials, undoubtedly yes. However, weighed against the significant financial resources one must pay a criminal attorney or dui lawyer to fight such an infraction and the steep odds against the average person’s word against a police officer’s, one may find it far less costly to pay the ticket at an early stage in the proceedings without being victimized further at a later date. Alternatively, if one’s driving record is good, it is always wise to inquire whether the local prosecutor and/or court has a traffic deferral program, safe driver program or some other program with a name touting the virtues of safe driving. Often for less than the price of paying a ticket, one with a good driving record can have their case dismissed upon payment of fine and no further traffic violation within a prescribed period of time.

Fight For Your Rights as a Victim of Car Defect Accident With ‘Car Defect Injury Claim’

Sometimes when an accident occurs there is actually no one to blame except for the manufacturers of the motor vehicle that is called Car Defect Injury Claim. The goal of this claim is to establish a vehicle manufacturer or seller’s liability for a car defect. It is not important at which stage was the defect in designing, assembling, or handling a motor vehicle, a claim can be made if three of the following conditions exist:   1.  The first condition is and “unreasonably dangerous” defect in vehicle or one of its components that caused injury. The defect can be either in the design of the vehicle, could be made during manufacture or during handling or shipment. Also failure to provide information about a dangerous aspect of the vehicle to a customer is considered to be a cause for a Car Defect Injury claim. 2. The injury was caused by the defect while the vehicle was used in a way that it was intended to be. Even if a defect is present a claim can not be made if the vehicle was used in some unusual way. 3. If the vehicle was not “Substantially” changed after it was bought. “Substantially” changed means that the way how the vehicle performs was affected.  
If all the three conditions are present the manufacturer or seller can be sued for a Car Defect, but remember that the companies will try to do end the case as “not guilty”. It is best to find a good experienced lawyer before making a claim, or the case will end up very fast.   Punitive damaged have become a very important element in any Car Defect Injury claim over the years. If we analyze the logic of the car manufacturers we will see that huge punitive damages are exactly the thing that matters to them. The formula is cruel but simple. The manufacturer usually calculates the costs of fixing the defect in the design or in a number of produced vehicles and then compares it with costs of litigation and settlement after the defect causes injuries. If the money required on fixing the defects is more than on settlement of the injury cases, the manufacturers would prefer to pay damages. So naturally in every Car Defect Injury Case the punitive damages could be set as high as possible to force the manufacturer to reconsider the design defect.   There is also one type of commonly used defense in Car Defect Injury Claims, but it can be used only if the injured person owned the vehicle for some time. Basing on description of usage of the vehicle the vehicle manufacturer or seller can claim that the person knew about the defect but continued to use the vehicle. This can be also stated after the manufacturer’s or seller’s insurance company has examined the defect vehicle. Also in some cases the manufacturers can claim that the usage of the vehicle and contributory or comparative negligence was the cause of, or a factor in caused injuries.

Fight For Your Rights as a Victim of Car Defect Accident With ‘Car Defect Injury Claim’

Sometimes when an accident occurs there is actually no one to blame except for the manufacturers of the motor vehicle that is called Car Defect Injury Claim. The goal of this claim is to establish a vehicle manufacturer or seller’s liability for a car defect. It is not important at which stage was the defect in designing, assembling, or handling a motor vehicle, a claim can be made if three of the following conditions exist:   1.  The first condition is and “unreasonably dangerous” defect in vehicle or one of its components that caused injury. The defect can be either in the design of the vehicle, could be made during manufacture or during handling or shipment. Also failure to provide information about a dangerous aspect of the vehicle to a customer is considered to be a cause for a Car Defect Injury claim. 2. The injury was caused by the defect while the vehicle was used in a way that it was intended to be. Even if a defect is present a claim can not be made if the vehicle was used in some unusual way. 3. If the vehicle was not “Substantially” changed after it was bought. “Substantially” changed means that the way how the vehicle performs was affected.   If all the three conditions are present the manufacturer or seller can be sued for a Car Defect, but remember that the companies will try to do end the case as “not guilty”. It is best to find a good experienced lawyer before making a claim, or the case will end up very fast.  
Punitive damaged have become a very important element in any Car Defect Injury claim over the years. If we analyze the logic of the car manufacturers we will see that huge punitive damages are exactly the thing that matters to them. The formula is cruel but simple. The manufacturer usually calculates the costs of fixing the defect in the design or in a number of produced vehicles and then compares it with costs of litigation and settlement after the defect causes injuries. If the money required on fixing the defects is more than on settlement of the injury cases, the manufacturers would prefer to pay damages. So naturally in every Car Defect Injury Case the punitive damages could be set as high as possible to force the manufacturer to reconsider the design defect.   There is also one type of commonly used defense in Car Defect Injury Claims, but it can be used only if the injured person owned the vehicle for some time. Basing on description of usage of the vehicle the vehicle manufacturer or seller can claim that the person knew about the defect but continued to use the vehicle. This can be also stated after the manufacturer’s or seller’s insurance company has examined the defect vehicle. Also in some cases the manufacturers can claim that the usage of the vehicle and contributory or comparative negligence was the cause of, or a factor in caused injuries.