Tag Archives: law

Road Accidents and Personal Injury Claims in Oklahoma

car accidentOklahoma, with its population of nearly four million, is indeed a booming and busy state. However, this does not just mean a thriving economy; with so many people using the roads, motorists and pedestrians are undoubtedly at risk of getting into an accident every which way they turn.

Like in any other state, road collisions almost always result in injuries. Fortunately, the Sooner State’s personal injury laws allow for the victims of such accidents to receive fair compensation for the pain, suffering, and losses they incur due to their injuries.

Here is what you need to know to prepare yourself in the event you fall victim to such an unwanted situation.

Compensation for damages

Whether it is a car crash or a motorcycle accident, the damages awarded to the plaintiff – the victim making the claim – fall under two categories. These include economic and non-economic, as explained by law expert Little Oliver Gallagher PLLC.

Economic damages are typically those that you can measure, such as the cost of repairs or replacements for vehicles, hospitalization and other medical expenses, as well as lost wages. Non-economic, on the other hand, covers physical pain, emotional distress, and other forms of suffering.

The comparative fault law of OK

In Oklahoma, filing a vehicular accident claim does not always mean full compensation for the plaintiff. This is because the state implements the “modified comparative fault” law, which basically means shared fault. This happens when both the defendant and the plaintiff had something to do with the accident.

For instance, in cases where the plaintiff has a 30% fault, then he or she will receive a reduced amount of compensation.

It is for this reason that you should not underestimate the expertise and skills of an experienced personal injury lawyer. You want to ensure that you receive just compensation, especially if you know that you are not at fault, and a lawyer can help you increase your chances of doing so.

An Overview of the Criminal Defense Procedure

man arrestedWhen you are accused of a crime, whether you committed it or not, you will need to have a defense attorney by your side. A criminal defense lawyer in Marysville, for instance, can help you develop a strong defense strategy to deal with the accusations, help you post bail, and negotiate plea bargains. Below is a detailed overview of a criminal defense process:

Posting bail

After an arrest, what the majority of defendants want is to get out of jail. Aside from the usual inconveniences, being in jail means no working and no more earning.

To be released from jail, you will need to post a bail, and if you cannot afford to do this, a defense lawyer can persuade the judge to reduce the amount. This is achieved by insisting that you don’t pose any danger to other people and that you have strong ties with the community.

Plea bargaining strategies

A significant number of criminal cases do not get to trials. Your criminal defense attorney will enter into a plea bargain, which is also known as a settlement agreement. In other words, you will agree to plead guilty in exchange for a lenient sentence.

Presenting a sure defense to the jury

To succeed in a case trial after it has proceeded to the jury, a persuasive and coherent theory explaining how the defendant has been wrongfully accused can be presented. A criminal defense attorney will keep insisting on this theory throughout the court proceedings. Developing an appropriate story and effectively presenting it in court is the main objective of every defense lawyer.

The complicated justice system is not fit for people to represent themselves in court. If you have been accused of a crime, it’s prudent to hire a defense lawyer to defend your rights effectively. Also, whether you plead guilty or not, your legal representative will help you obtain the most favorable outcome possible.

Warning Signs You’re About to Hire a Bad Lawyer

Businessman and woman interviewing a lawyerIf this were a perfect world, any lawyer out would there be perfect for you. Unfortunately, that is not the case, and you need to be diligent as you go about choosing someone to represent you. That involves having the ability to spot telltale signs that an attorney’s competence, work ethic, or attitude isn’t suited to your needs.

They have poor work habits.

A lawyer’s work habits will tell you whether they’re competent or not. Your divorce attorney in Boulder, Colorado should answer your emails, return your calls, and give you an honest answer about your situation. If they’re either too busy to give you some time for some answers, it’s best to look somewhere else. Be on the lookout for missed deadlines, attitude problems, or the refusal to provide references, too.

Their offices are unorganized and messy.

An attorney’s work area will tell you whether their work personality suits you. Does the office look in a state of disrepair? That could be a sign that the firm has serious financial problems. If the office looks disorganized, the lawyer could misplace important paperwork, leading to delays in your case.

Their staff looks unhappy.

During a visit to the lawyer’s offices, check and speak with the staff. That will tell you a lot about how the attorney interacts with his employees and is an important pointer to their ethics, reliability, and competence. If the employees seem disgruntled, it could be that the lawyer treats them poorly. That’s an attorney you don’t want to work on your case.

Your attorney will help you win or lose a case, so be careful who you hire. Make sure you find someone who has the knowledge and the right work etiquette that suits your case.

Child Custody in Australia: Essential Things to Know

Child affected with his parents divorceSeparation or divorce is not an easy affair, especially if there are kids involved. According to the Family Law Act, parents may exercise parental responsibility either jointly or independently, regardless of the status of their relationship. There’s likewise the presumption that a child’s best interest is for both parents to share equal responsibility, with both parties ideally involved in decision-making regarding the child’s welfare.

Basic Child Custody Issues

Plenty of issues could arise from a separation or divorce, with the most common ones being:

  • The amount of time each parent spends with the child;
  • Where the child will live;
  • The amount of time allotted to each parent on important holidays like birthdays, Christmas, and school breaks among others;
  • Where the child will go to school; and
  • The child’s health care, religious upbringing, and extracurricular activities among many others.

Behavioural Check-up

The court also has to decide on parenting orders that would be in the child’s best interests. According to one of the top family lawyers in Townsville, the court would take into account the following considerations when making a decision:

  • The relationship between each parent and the child;
  • The child’s preferences, considering that he or she is old or mature enough to speak up;
  • The parents’ willingness to encourage and help foster a relationship between the other parent and the child;
  • Each party’s emotional, mental, and physical capacity to provide for the needs of the child; and
  • The impact of the changes on the circumstances of the child.

Regardless of the reasons behind a child custody case, the law would always seek to uphold the child’s best interests. Child custody issues could be complex, even for parents who have amiable relationships. Bearing this in mind, consult with an experienced family lawyer to determine the best course of action should a dispute surface.

An Alien Detained: The Ins and Outs of Immigration Bail

Person Locked Up in JailBeing detained is an experience no one ever wants to deal with. Getting detained for being an alleged non-citizen only adds more fear and uncertainty to the situation, though, since the detainee has to deal with their arrest in unfamiliar territory. Even with the added circumstance of alien status, however, it is possible to navigate custody. With the help of bail bonds in Wilmington, NC and an understanding of how immigration bail works, any detainee can make the process run a lot more smoothly.

Immigration Bonds versus Standard Bonds

An immigration bond works the same way a regular bail bond issued to a US citizen arrested and charged with a crime does. With the help of an immigration bond, an alleged undocumented immigrant need not stay in the detention center while awaiting the outcome of their case. This type of bond allows an alleged non-citizen to reunite with their family, seek legal counsel, and make the necessary appearances required before an immigration judge.

Bond Eligibility and Bond Redetermination

One of the most critical differences between a regular bail bond and an immigration bond is the criteria for eligibility. The Department of Homeland Security usually determines if an alien is eligible for a bond then sets an amount for the third party to pay. When the bond amount is too high, or a detainee is not eligible for a bond, it is possible for a detainee to request for a bond redetermination hearing. Separate from the actual immigration case, a bond redetermination helps an alleged illegal alien prove that they are not a flight risk or a danger to the community so that a judge may grant them an immigration bond.

The Importance of Attending Immigration Hearing after Bond Payment

One thing detainees should remember is that an immigration bond does not relieve accountability for their actions. It is still necessary that a detainee attends all scheduled immigration hearings as a failure to do so could result in future detention and forfeiture of the bond paid.

Understanding the complexities of an immigration bond can go a long way to ensure a loved one’s continued presence in the US. With the right legal counsel, a detainee and their family will be more prepared for whatever challenges they may encounter along the way.

Illinois DUI: Should I Refuse Chemical Testing for DUI?

DUI lawyer in IllinoisIn Illinois, you are required under the law to submit to a urine, blood, or breath test if arrested for or under suspicion of DUI. Under the state’s implied consent statute, in the event that a law enforcement officer arrests you for a possible DUI, you automatically consent to chemical testing to determine your BAC or blood alcohol content level.

What Happens If You Refuse Chemical Testing?

First off, take note that you won’t have the chance to talk to your lawyer prior to the chemical testing because the test will be administered as soon as the police officer stopped your for a possible DUI. However, while the officer will select the specific test you must undergo, later on, you could submit to other tests administered by your chosen medical professional. In the event that you don’t agree to test, the court could suspense your driving privileges for one year if it’s your first DUI offense, two years if it’s your second DUI offense, and three years if it’s your third DUI offense. Knowing this, should you submit to or refuse DUI testing?

What You Should Do

According to a seasoned DUI lawyer in Springfield, Illinois, refusing DUI testing won’t really help your case because the punishment for refusing testing is milder than the consequences of being convicted of DUI. In addition, your refusal doesn’t mean that you will not get convicted since the court could still find you guilty even if refusing the DUI tests mean that they don’t have proof that your BAC level is higher than the legal limit. The prosecution could actually use your refusal to argue that you didn’t want to be tested because you’re guilty.

Whether you’re previously convicted of DUI or not, your best bet is to seek help from an experienced DUI lawyer. This is especially true if you have a history or DUI arrests or if the situation involved injury or damage to people or property.