Motor Vehicle Accident FAQ

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Motor vehicle accidents occur very often so in this article we will compile a small FAQ on the main law related question that most people ask after an accident.
What should I do after the accident?
Make sure that you and the other victims are okay. Talk to the other driver or drivers and start gathering the evidence. It is important that you make a whole picture before the police or the insurance agents arrive. It is possible that there will be a lawsuit, so try to get the clear picture for your lawyer. What happened, who is guilty, damages, etc. The most important thing is – don’t make any statements or even take part of the guilt. The whole law related stuff will be negotiated between lawyers, so do not try to be an honest good guy, be more practical. Also do not try to negotiate any compensation if you are injured.
Who should I call first?
If someone is injured, the first thing you need to do is to call the police. If everyone is okay you need to call your lawyer, police, relatives and the insurance company. It depends on you in what order you call them, but it is better to contact your lawyer before you contact the insurance company.
What about the insurance company?
It is better to contact the insurance company after you have collected all the needed information about the accident. Remember that the insurance company is always trying to protect its funds, so they are willing to find as many guilty people as possible. Also you need to talk to your lawyer before you present the evidence to the insurance company, there is a possibility that they will present some things in a twisted way.
What lawyer should I choose?
A personal injury lawyer with experience in motor vehicle accidents. There are multiple types of personal injury cases and thousands of personal injury lawyers. Don’t contact just the first personal injury lawyer, it is possible that he is experienced in dealing with compensations for emotional damage and not handling motor vehicle accidents. As for the payment most of the personal injury lawyers work on a contingent fee, it means that they will get a part of the money that you receive as a compensation.
Should I make a claim?
In most cases yes, but it is better to consult your lawyer. If most of the guilt lies on the other drivers of course you need to make a claim, but be sure that you have good evidence and arguments.
What can I expect if I make a claim?
It depends on the situation. If the accident is not your fault and the other side is clearly guilty most probably there will be a settlement. Most motor vehicle accidents are solved without trial by a negotiated settlement. If the situation is complicated and you have a part of the fault it will be better to ask you lawyer. He will describe the possibilities basing on his experience.



Source by Rebecca Brown

Denver, Colorado Criminal Defense Attorneys – Part I: The Role of the Defense Lawyer

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The criminal defense attorneys at Frankfurt & Trani, P.C. believe that they, as well as all attorneys in the Denver, Colorado criminal defense bar, play an essential role in our system of criminal justice.  The following article is part one of a series describing the role that criminal defense attorneys play in our society and the challenges faced by those who choose this difficult profession.  

Being a criminal defense attorney in Denver, Colorado today presents many challenges and difficulties not required of defense attorneys of the past.  These challenges and difficulties increase the importance of the role of the criminal defense attorney in Denver and throughout the state of Colorado.  What are the obligations and responsibilities faced by the criminal defense attorney in today’s legal climate?

1. Protecting the rights of the accused.  The number one obligation of today’s criminal defense attorney is protecting the rights of the accused.  Those rights come from the Bill of Rights as set forth in the U.S. Constitution.  These generally include the right to be treated fairly by our criminal justice system.  Specifically, they include the right to a trial by a jury of their peers, the right to be presumed innocent until proven guilty by “proof beyond a reasonable doubt”, the right to a speedy and public trial, the right to remain silent, the right to be free from unreasonable searches and seizures, and, maybe most important, the right to effective assistance of legal counsel.  Each of these rights, guaranteed by the United States Contitution and its Bill of Rights, has been made applicable to all states, including Colorado, through the Fourteenth Amendment to the U.S. Constitution and various United States Supreme Court case opinions.  Effective assistance of counsel means that a criminal defense attorney has the obligation to provide his or her clients, the accused, protection against government overreach.  The criminal defense attorney does this by challenging government conduct that violates the rights listed above (as well as those not listed).  A criminal defense attorney who fails to make reasonable efforts to do this for his or her clients does not provide effective assistance of counsel and thereby fails in his or her basic responsibility.

2. Defending the innocent.  It is true that a large number of the criminal defense attorney’s clients have some level of criminal culpability.  In other words, most of the lawyer’s clients are guilty.  How the criminal defense lawyer addresses those clients is addressed below.  But what is the criminal defense attorney’s responsibility when he or she has a client who is innocent? 

There are some in our society who do not believe that the government, generally by and through a prosecuting agent of a city, district or U.S. attorney’s office, prosecute people who are actually innocent.  Unfortunately, a quick google search for “wrongly convicted” produces a litany of cases where people convicted of crimes are later proven to be innocent.  In Colorado, we have to look no further than the Larimer County case of People of the State of Colorado vs. Timothy Masters.  

The Timothy Masters case is a gross example of the damage that government overreach can cause an individual, as well as an entire community.  After a 12 year investigation that began when Mr. Masters was just 15 years old, he was convicted of 1999 the murder of Peggy Hendrick in Ft. Collins, Colorado.  Mr. Masters was sentenced to life in prison without the possibility of parole.  Unfortunately, Mr. Masters’ conviction was obtained by Larimer County prosecutors without any physical evidence and with the assistance of questionable investigation techniques utilized by local law enforcement led by Detective Jim Broderick.  In addition to the questionable methods used by Detective Broderick, it has now become clear that the prosecution withheld evidence from Mr. Masters’ criminal defense attorneys and that legitimate alternative suspects were not only not investigated, but were clearly ignored by investigators and the prosecution.  In 2004, Mr. Masters successfully appealed on the basis of ineffective representation by his criminal defense team.  He was appointed a new team of criminal defense lawyers who began to investigate the case.  In early 2008, DNA testing conducted by a team of experts in the Netherlands retained by his new defense lawyers proved that Mr. Masters was actually innocent of the murder.   Shortly thereafter, a Court vacated his conviction and dismissed the case against him.  Unfortunately for Mr. Masters, government overreach, in the form of overzealous investigators and prosecutors bent on a conviction and career achievement, cost Mr. Masters 10 years of his life.

The repercussions of this case have been awesome.  The city of Fort Collins and Larimer County settled a civil suit with Mr. Masters for $10 million.  The funds to pay for this settlement are to be paid for from city and county funds; ultimately money funded by the tax payers.  On June 30, 2010, the Denver Post reported that a grand jury has indicted Detective Jim Broderick of criminal perjury charges.  In September of 2008, the Colorado Supreme Court ruled that the prosecutors in the case, Jolene Blair and Terrence Gilmore, now both Larimer County District Court judges, should be publicly censored for their failure to ensure that evidence was properly provided to Mr. Masters’ defense attorneys and for failing to seek evidence from police investigators that would have cast doubt as to Mr. Masters’ guilt.  While such a consequence may seem minor, a public censure is a serious consequence for ethics violations of licensed attorneys in Colorado and is fairly rare.

To read more about the specifics of this travesty of justice, please read the July 5, 2010 article in the Fort Collins newspaper the Coloradoan, titled “A look back: Tim Masters Case”.

Ultimately, the point of the Tim Masters case is that innocent people can be accused and convicted of criminal offenses and that, sometimes, such convictions can have a serious impacts that can affect not only the person who is falsely accused, but the community in which it happens.  To prevent this type of situation, criminal defense attorneys must take seriously the role of ensuring proper police and prosecutor conduct at every stage of every case that they handle.

So what is the responsibility of the criminal defense attorney in Colorado when representing an innocent client?  In addition to upholding the client’s constitutional rights and conducting oversight on the conduct of police and prosecutors, it is to conduct an independent investigation in an attempt to prove the client’s innocence prior to trial and to thoroughly research every legal possibility of establishing the client’s innocence to a jury at trial.  When this proves to be impossible, the responsibility of the criminal defense attorney shifts to establishing reasonable doubt as to the prosecutor’s case against the client.

3. Defending the guilty. As stated above, it is true that the majority of criminal defense clients are indeed guilty.  Because of this, a common question asked of criminal defense lawyers is “how can you do that job?”  It is true that providing assistance to individuals who have committed often serious criminal offenses is not for everyone because of the ethical and moral ideals that many people possess.  With that said, it takes a special person to be a criminal defense attorney.  Why?

Criminal defense attorneys have the same obligations to guilty clients as those discussed earlier in the article pertaining to innocent clients.  The attorney must provide effective assistance of counsel, make sure that the government fairly investigates and prosecutes, and must defend the rights guaranteed to all by the U.S. Consititution.  An attorney who is unable to do this will never be able to successfully practice criminal defense law.  Attorneys who are able to do this generally have a stong belief in the adversarial nature of our criminal justice system and that every person, no matter what crime they are accused of, is entitled to representation.

Generally speaking there are two categories of guilty clients that the criminal defense attorney represents.   The ones that deny criminal culpability and those who take responsibility for their actions. 

The most difficult client for the criminal defense attorney to represent is the client who clearly has at least some criminal responsibility for what he or she is accused of.  If the client is not taking responsibility, even when confronted by their attorney with strong evidence of guilt, the defense attorney must handle the case as he or she would with a client who they believed to be innocent.  In other words, the criminal defense attorney must try to establish as much evidence as is possible suggesting that the client is innocent or establish enough questions in the prosecutor’s case to convince a jury that there is reasonable doubt as to the client’s guilt.  It is here that most people, and even some practicing criminal defense attorneys, run into some serious ethical and moral dilemmas.  It is here that the criminal defense profession obtains the bad reputation with many in our society.  Why?  Because it is in these cases where a criminal defense attorney who excels in trial practice techniques can often obtain “not guilty” verdicts even when the evidence strongly suggests otherwise.  While each practicing criminal defense lawyer must deal with their own individual feelings that may result from such outcomes, they must ultimately rely on the notion that had the police and/or the prosecution properly done their jobs, the client would have been properly convicted and secondly, that our system of criminal justice requires that some who are guilty must go free to ensure that those who are innocent are not wrongfully convicted.

The second category of guilty clients that criminal defense attorneys represent are those that, in many cases,  give the attorney the most satisfaction with their chosen profession.  It is here that the criminal defense lawyer can have the most positive impact on society.  When a guilty client is taking responsibility for their actions, the criminal defense lawyer can often have a positive impact on the life of the client and their loved ones. This generally occurs by helping the client obtain help with personal issues to address the root of criminal behavior and to reduce the chance of recividism.  The most obvious example of this is in the situation where a client has been charged with possession of a controlled substance, i.e., an illegal drug.  In most such cases, the client has been caught possessing the substance because he or she has a serious addiction.  If the attorney can talk to the client about the addiction and how the addiction is affecting the client’s life or the life of the client’s family, the attorney can often convince the client that he or she can change their life and that obtaining drug treatment will be beneficial.  Another example can be in cases where domestic violence treatment or anger management treatment can address serious issues that a client has that is not only causing criminal behavior, but is ruining relationships, families, or future opportunities.  There are too many such examples to all be discussed here.  Being able to offer such assistance to clients can have positive effects that are often life changing.  In this capacity, the criminal defense attorney can not only help a client avoid serious legal consequences, but also have a real impact on that client’s life.  Most often, much more so than any prosecutor, judge or probation officer.

Additionally, directing a client in a positive direction can often help the client avoid the potential serious consequences of the criminal justice system.  When a prosecutor sees that a client is not only taking responsibility for their actions, but also obtaining some sort of help to help reduce the chances of recividism, that prosecutor is generally more likely to offer the client a less severe legal consequence in the form of a plea bargain.  When a judge sees this same, that judge is more likely to sentence that client to a less severe form of punishment than that which would be otherwise be imposed.

In summary, the criminal defense attorney has an essential role in our nation’s system of criminal justice.  Without the availability of effective legal representation for those accused of crimes under our federal, state, and municipal statutes, the potential for damaging government overreach would be awesome.  It is those attorneys who practice criminal law as their chosen profession who protect all of us from this threat and make our criminal justice system the best that the world has to offer.



Source by Michael Sauner

Personal Injury: Car Accidents

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A very unfortunate thing to happen in life is an automobile accident. It is a very good idea to hire some personal injury lawyer who is in business, in your area if you have been in a car accident, and have injured yourself. It is very important to keep numerous issues and indicators in your mind when it comes to taking into consideration a personal injury lawyer after a car accident.  

The first thing to think about when you are thinking of hiring a personal injury lawyer for the car accident case , just see to it that he has a good experience in car accident cases.    To put it simply it is an absolute must to hire a lawyer with good experience. This will make sure that you are represented in the best possible way for your legal requirements.

It is not just experience, but you should also look for a personal injury lawyers who concentrates in this area of the law. Those days have gone where you could have hired any general practitioner, what you really need is a lawyer who will be able to offer you the type of service that you need for a personal injury case.  Consequently, just be sure that you only consider the lawyers who are experienced and specialize in personal injury.

In the process of trying to find the best personal injury lawyers, you should make sure that you make use of all the resources that are accessible to you on the Internet and World Wide Web. It will help you to go through the independent directories that are up and very popular on the Net today.  It will be much easier for you to discover those lawyers that are practicing in the area in which you need legal services, through these sites.  

Contacting the local Bar Association, in addition to using the Internet and the World Wide Web, for a personal injury lawyer that specializes in auto accident cases will also be useful for you. It may not be possible for the Bar Association to propose a specific lawyer to you, but they can give you a list of personal injury lawyers that practice in this area that can help to you for your car accident case.

Last but not the least thing for you to do will be to keep in mind when you decide on a personal injury lawyers for your assistance in your car accident case after the initial consultation with those personal injury lawyers that you might have on your list as probable candidates.  You can best assess the capacity of a lawyer by meeting him or her in person.



Source by Marlon Dirk

Your Guide To Dealing With Car Accidents In Chicago

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The aftermath of a car accident is something that one can actually predict. More often than not, auto accidents change the lives of some forever, with many victims dealing with lifelong suffering and agony. The thing is most people don’t even know how to deal with all the aspects after an accident, and many don’t realize that they have the right to get compensation. Every year, numerous car accidents are reported in Chicago, and yet not many get their dues, plainly because they missed a few essential things. In this very special post, we will talk of some of the crucial elements that shouldn’t be missed.

Contact an Attorney:

First things first, you should get medical attention, in case you are the victim. If someone from your family or friends is injured, make sure that they have got adequate first aid and medical assistance. Once that’s done, you have to look for a Chicago personal injury attorney, who is experienced enough to give advice you on your stand in the case. Keep in mind that your stand in the case depends on many things, and it isn’t always that you can win with a big case. However, contacting your lawyer will give you the first insight on the various aspects.

Get Papers and Investigation in Place:

Of course, the police will file a first report after the accidents, and there may have been witnesses to the case. Your lawyer will try to understand and gather all the information and evidences, which may come handy in the case. Keep in mind that there are no guarantees, and if a law firm promises absurd things, don’t fall for their words. Always ask your options. Many times lawyers may suggest for a settlement between the parties, while some cases drag for long in the court. It all depends on the overall aftermath. Legal firms also often deal with the paperwork and related talks to other parties, including insurance companies. If you require any kind of assistance on that part, make sure that you discuss the same.

Don’t Lose Hope:

It is easy to lose hope when you see that your case may facets, which can be used against you. Take your time and choose a good lawyer who is well recognized in Illinois and knows the state laws inside out. Apart from the legal assistance, lawyers help clients in staying sane in the most tragic situations. With their counseling and law related help, you can expect to come out of the mess real quick. Your lawyer will charge a fee from the settlement or compensation, so make sure that you discuss the cost of legal services in advance. Sometimes there can be other ways of charging the client, but it is best to be open and discuss all aspects.

With legal help and right steps after the accident, you can change all things in your favor. Of course, the pain and mental agony is something of your own, but you can take special counseling to come out of that, as well. 



Source by Hampry Gomes

Victorville Personal Injury Attorney’s Top Ten Reasons to Slow Down to Avoid a Personal Injury Auto Accident

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1) Old people don’t see very well.

2) Some people don’t think too well.

3) Cops are not easily amused.

4) You never know when you’ll come across a cute girl in a slower car.

5) Children don’t expect to see a car racing down their street at 100 mph.

6) There’s probably a police helicopter tracking your every movement.

7) You get much more attention if you drive slowly – remember OJ’s low speed chase in the white Ford Bronco.

8) Your car probably has a built in self-destruct mechanism if you hit 150 mph.

9) People still use cell phones.

10) Someone may call in your license plate to the authorities.

Here are ten useful tips of advice from a personal injury lawyer to follow if you have been in an accident. You can also learn more about how to handle a personal injury in Victorville, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

Obviously, if you have had an accident, and you are reading all of this advice, it may have been a few hours since the accident. However, if you ever have another accident, or if it’s only been a few hours since you were hurt, here’s what you should do from the start.

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

Seventh, call a good personal injury attorney as soon as you have had your initial treatment, so the lawyer can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good personal injury attorney can save you from making a awesome deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good personal injury lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most personal injury attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

If you’ve had a personal injury in Victorville, Ontario, Rancho Cucamonga, Corona, Temecula, Murrieta, Riverside, San Bernardino, Moreno Valley, Fontana, Palmdale, Hesperia, or anywhere in Southern California, we have the knowledge and resources to be your Victorville Personal Injury Lawyer and your Palmdale Personal Injury Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.



Source by R. Sebastian Gibson

How to find a good Personal Injury Lawyer

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We already wrote about the types of personal injuries and the possible compensations for them. It is not an easy field and some of the injuries require knowledge and experience that most lawyers don’t have. The best solution will be to find a personal injury lawyer and not just some personal injury lawyer, you need someone who has experience with your type of injury. He will not only inform you about your rights but also help you to protect these rights, because sometimes the insurance companies or the opposing side is not willing to pay for certain types of injuries. Also he will help to define the value, when the damage is non-monetary (loss of relative, emotional suffering, etc.).

When you start searching for attorney you need to keep in mind few simple characteristics like years of experience that attorney has, the law school that he had attended and if possible his personality. It will help you to avoid inexperienced lawyers (it is not a movie, so don’t wait for some genius courtroom solutions) and it will also to understand you attorneys personality and philosophy. If the case is complicated you will be spending a lot of time with your attorney and you will need to feel comfortable with him.

It is better to start search on the internet, advertisements and stuff are of course very good, but the important thing for you it the experience that a lawyer has and not his advertising budget or the ability to communicate with press. On the web you will be able to find some attorney directories or websites. It can be also useful to ask people on some local message boards. Be sure to keep in mind the type of damage that you have. There are various types of damages and you will need different lawyer for every type. It is wise to choose someone who has good experience with your type of injury.

On of the important things is to define how do you want to settle the case. It can be settled in the court or outside the court. If you decide to focus on the outside the court solution, you still have to remember that the lawyer must have some trial experience, if the case can’t be settled without trial. Knowing the experience of the lawyer and his success rate with or without trial will be vital for you, so don’t miss this when you choose a personal injury lawyer. It will be very useful if a lawyer belongs to some lawyer organization. If the organization is trustworthy, the lawyer will definitely be good. Also you will need to discuss the fees with the lawyer, many personal injury lawyers will work on a contingent fee basis. It means that they will receive payment for their services only if they recover money for you in settlement or court proceedings. It is probably the best choice for personal injury cases, but be sure to specify the fees and conditions on paper.



Source by Rebecca Brown

The Dangers of SUV Rollover Accidents

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SUV rollover accidents are frequently very serious, resulting in severe injuries and high levels of fatalities. Due to the increased popularity of SUVs over the past 10-15 years, these accidents have been occurring more frequently each year.

An SUV rollover accident takes place when the vehicle turns over on its side or roof. These accidents are quite common when drivers lose control of their vehicles due to adverse road conditions or when swerving to avoid an accident.

SUV rollover accidents are most common when the driver is making a sharp turn at very high speeds. Due to their high center of gravity and narrow tire track, SUVs are much more likely to be involved in rollover accidents than other vehicles.

SUV Rollover Facts

Injuries sustained in SUV rollover accidents are often very severe. Some of the most common injuries from rollover accidents include:

  • Brain injuries
  • Spinal cord injuries
  • Broken bones
  • Death

These accidents are much more common with SUVs than with other vehicles. Roughly 35% of all fatal SUV accidents involve rollover crashes, while only 15% of fatal auto accidents are the result of a rollover.

The following facts shed some insight into the seriousness of these accidents:

  • There are approximately 10,000 fatalities a year that are the result of a rollover accident. Of these, over 60% involve SUVs.
  • Brain injuries are the most common injury sustained in SUV rollover accidents.
  • Rollover accidents result in serious injuries 36% more often than non-rollover accidents.
  • Approximately 63% of rollover fatalities are the result of vehicle ejections. Survivors of vehicle ejections often suffer serious brain injuries.
  • More than 90% of all SUV rollover accidents and about 80% of all rollover fatalities are the result of single vehicle accidents.
  • Roughly 55% of all fatalities caused by single vehicle accidents are the result of a rollover.

SUV Design Defects

Many SUV rollovers are the result of design defects in the vehicles. Often, these defects make injuries caused by these accidents much worse. Design defects that contribute to the severity of rollover accidents include:

  • Vehicles with an overly high center of gravity
  • Inadequate roof structure to prevent roof buckling in the event of a rollover
  • Defective tires
  • Defective door latches which increase the likelihood of vehicle ejections
  • Overly narrow tire tracks

When you have been severely injured in a rollover accident caused by a defective automobile, the vehicle manufacturer may be held liable for your damages. It is important to consult an experienced auto accident lawyer to determine if you have a valid claim against the manufacturer.



Source by Evan Langsted

Car Accident Lawyer Minneapolis MN – assistance for vehicle accident victims

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The first thing you need to do if you are or a family member is involved in a car or vehicle accident is reach the hospital or look for First Aid. The next obvious step is to claim your insurance cover from the insurance company. You need a competent Vehicle Accident Lawyer Minneapolis MN who should be a good fit for your case (look for an experienced lawyer). For example, if you are a resident of Minneapolis, Browse through the profiles of several lawyers that are presented in the results page before making your final decision.

Tips for choosing a Vehicle Accident Lawyer Minneapolis MN

Have a face to face meeting
Before choosing or hiring the services of a vehicle accident lawyer Minneapolis MN, take all the time you need to meet several lawyers so that you can assess for yourself whether the lawyer would be a right fit for your case or not. There are many things you can judge in a face-to-face meeting which are not clear in a phone conversation. You will probably have to spend a lot of time with your lawyer; therefore it is important that you trust your attorney and can work well with him or her.

Be prepared during meetings
Even during the initial consultation stage, you should be ready with all the documents related to your vehicle or auto accident, your medical expenses evidence, and other helpful information. Your preparation can save some valuable research time for your Car accident lawyer Minneapolis MN who can then quickly come up with relevant advice for your situation.

Prepare the questions as well
You should be ready to get the maximum out of your first consultation with the motor vehicle accident lawyer, by preparing your questions well in advance. Make sure you keep a notebook and pen handy so that you can note down important points. Some of the probable questions might be: –
13. How long do you think the trial will take?
14. Tell me something about your best settlement.
15. Which law schools have you graduated from?
16. Will you delegate the primary work to somebody else?
17. Tell me something about your support staff.
18. How much actual trial experience do you have?

Take your time
Once you have had several meetings with the selected Car Accident Lawyer Minneapolis MN, compare your notes, follow your instincts and never feel pressurized by any of the lawyers while making your decisions. There are many auto accident claims lawyers who belong to a select group who have had a successful track record in handling such cases, and you can easily choose such lawyers if they are available. Your vehicle accident lawyer Minneapolis MN should be able to provide straight answers to your queries regarding your personal injury claim.

Time is extremely important during personal injury claim trials related to motor vehicle accidents. The lawyer should be able to investigate the incident properly, protect evidence, and document your personally injury claims. Law is an extremely complicated area where proficiency comes only after years of training and experience. Your injury might be a result of negligence of someone else who is liable and you don’t even know this, but your Vehicle Accident Lawyer Minneapolis MN should know this and act accordingly. In a Minneapolis personal injury case, you are entitled to be compensated for your emotional distress, vehicle damages, medical bills and the pain you have suffered.

Your Car Accident Lawyer Minneapolis MN should be in regular touch with medical experts and life care planners, besides financial planners, who will be able to quantify the financial loses suffered by you as a result of the auto accident.

Minneapolis residents in a Car or other vehicle accident can always depend on a Car Accident Lawyer Minneapolis MN to assist them in filing and settling claims for compensation. Hiring the services of competent and experienced Vehicle Accident Lawyer Minneapolis MN is important to winning claims and proper compensation.



Source by Sunil Punjabi

Reasons to Hire Personal Injury Lawyers

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If you have been injured in an accident which is caused by the negligence of another person it is suggested that you hire a personal injury lawyer. You should consult a lawyer when you know someone else is responsible for the injury. This is a wise decision because a personal injury lawyer will have experience and expertise in that particular field. He is familiar with the law in your state so it won’t be difficult for you to navigate through the system when you know a professional is guiding you. Your lawyer will make sure that you get the highest compensation.

If you have been injured in South Florida you should hire a personal injury lawyer to get the benefits the law has to offer. There are good many reasons why you should hire a personal injury lawyer. Just go through the following points to know about the several advantages of hiring a lawyer.  

The first reason to hire a personal injury lawyer is that he knows the law inside out. He can easily handle complex issues which are beyond your control. For example if the law finds you slightly responsible for the injury you may not be entitled to compensation. A good personal injury lawyer will frame your case in a way so that you are not proved guilty.

The second reason to hire a personal injury lawyer is that he knows well how to deal with the insurance company. He will be aware of the insurance law and how that applies to your case. Most of the insurance companies will try to convince you that your case is not valid for getting the compensation. Since you have no idea about the intricacies of insurance law it is easier for an insurance company to forge you. Some agents will simply misinterpret the law to make you believe that you are not entitled to compensation. They are not willing to explain the details to you so that you don’t realize that you are actually entitled to larger compensation package.

The personal injury attorney will also have a good knowledge of how much compensation you can expect. Since he is experienced he will know the right amount for different kinds of injuries. Without any prior experience any body will find it difficult to deal with such issues. So having technical knowledge is necessary to understand how much compensation you can get. Hire a lawyer or you will have to depend on the mercy of your insurance company.

The most important duty that a personal injury lawyer can perform is to take your case to the court if out-of-court settlement is not possible. If the lawyer is good the person responsible for your injury will be punished. When your case ends up in court the insurance company is sure to pay a lot more than they would have paid otherwise.

These are the very important reasons why you should hire South Florida Personal Injury Lawyers



Source by James Blatt

Defining The Parameters Of Limitation Periods In Personal Injury Actions

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A limitation period is a stated period of time, the expiry of which extinguishes a party’s legal remedy and forbids the commencement of a legal action. Each province in Canada has general statutes of limitations and many provincial and federal statutes contain limitation periods applicable to a variety of causes of actions. Traditionally, limitation periods have been strictly enforced. More recently, the subject of when time begins to run has received greater attention from our courts.

The discoverability rule has evolved fairly recently in our civil jurisprudence.1 It gives relief in certain factual situations by extending a limitation period. According to the discoverability rule, a limitation period begins to run when the material facts upon which an action is based have been discovered, or ought to have been discovered by the plaintiff through the exercise of due diligence. The effect of the rule is to postpone the running of time until a reasonable person, in the exercise of reasonable diligence, would discover the facts necessary to maintain the action.2 It is a general rule applied to avoid injustice.

It is now over two years since the Supreme Court of Canada upheld the Ontario Court of Appeal’s decision in Peixeiro v. Haberman. Justice Major in Peixeiro adopted Taddle’s J. A.’s statement in Fehr v. Jacob (1993), 14 C.C.L.T. (2d) 200 (Man. C.A.) at 206, which is as follows:

In my opinion, the judge-made discoverability rule is nothing more than a rule of construction. Whenever a statute requires an action to be commenced within a specified time from the happening of a specific event, the statutory language must be construed. When time runs from “the accrual of the cause of action” or from some other event which can be construed as occurring only when the injured party has knowledge of the injury sustained, the judge-made discoverability rule applies. But, when time runs from an event which clearly occurs without regard to the injured party’s knowledge, the judge-made discoverability rule may not extend the period the legislature has prescribed.

In Peixeiro the court concluded that the limitation period under the Ontario Highway Traffic Act did not start to run in a personal injury action arising out of an automobile accident until the plaintiff discovered facts that could sustain a claim that his or her injuries met the threshold under the Insurance Act.

Since Peixeiro, the discoverability rule has enjoyed broad application in Ontario in motor vehicle actions and actions against municipalities and the provincial crown. As such there is now a body of jurisprudence on the scope and application of Peixeiro. The purpose of this paper is to review the way Ontario courts have applied Peixeiro in the context of personal injury litigation so that the parameters of the present authorities in the area of motor vehicle actions and actions against municipalities and the provincial crown can be better understood and defined.



Source by Jacob Solomon