Category: Legal

I Just Got Into a Car Accident. What Do I Do?

Being in a car crash can be stressful, but everyone should have an accident procedure in the case that they are involved in one. Use the following list as a basis for your own car accident checklist, and remember to contact a car accident lawyer for more information on the proper steps to take following a crash.

• Ensure Safety: If anyone is injured, immediately call the police for help and tell them you need medical assistance. If anyone involved seems to be under the influence of drugs or alcohol, tell that to the police when you call. Always call the police whether or not there are injuries, as many insurance companies will not cover an accident unless there is a police report. Once everyone is safe, you can begin gathering other necessary information.
• Ask Questions: Your insurance company will need the contact information of everyone involved, including drivers, passengers, pedestrians, and any witnesses. Be sure to try and gather their full names, addresses and phone numbers, as well as driver’s license information.
• Try to find out if anyone is injured or says he or she is injured; or if anyone says “I am fine”.
• Make as many notes as you can about the accident itself. What was the weather and lighting like at the time of the accident? Were any of the involved vehicles damaged? Was any of the damage obviously present prior to the accident, such as non-functioning tail lights or brake lights? Were any of the vehicles company-owned?
• Get information about the other vehicles involved, such as license plate numbers, make, and model.
• Be sure to find out the insurance status of all vehicles and persons involved. If any drivers were not the registered owners, get the registered owner’s name, address, and phone number(s).
• Did anyone take blame for the accident?
• Get the names and badge numbers of any police officers who respond to the scene.
• Document the Accident and Protect Evidence: If you can get a camera, it is wise to take as many photos as possible of the accident scene, the vehicles, people involved, and anything else that might have bearing on how and why the accident occurred. Pictures taken as soon as possible will be the most valuable. If you do not have a camera, ask a passenger or bystander to take the photos for you. Don’t forget to take pictures of the damage done to all vehicles and license plates, or evidence such as street signs, lights, skid marks, etc. Once you are in touch with an attorney after your accident, be sure to tell your attorney about any other evidence you think might be important, such as faulty street lights or signage, malfunctioning equipment (seat belts, turn signals, etc.), weather conditions, etc.
• Consider Insurance: Contact your own insurance company as quickly as possible. If you feel, for any reason, that your company may not be willing to cover the accident, you should contact a personal injury attorney beforehand. However, do not delay in contacting your insurance carrier. Most insurance companies have policy requirements as to how quickly after an accident you must contact them, and failure to do so might mean your claim will be rejected. On the other hand, you should not make any statements or answer any questions from the other driver’s insurance company until you have consulted an attorney. Be polite, but decline to discuss any aspects of the accident until you have obtained legal advice.

 

What a Car Accident Lawyer Can Do for You

A car accident attorney in Virginia can help you pursue the compensation you deserve after a car accident that resulted in injuries, damage, or fatalities. We will:

• Interview you regarding your case
• Gather evidence to support your claim such as medical records, police accident reports, etc.
• Negotiate with insurance companies on your behalf
• Respond to requests from insurance companies
• Keep you informed about the status of your case
• Advise you regarding court hearings related to your accident
• Ensure that you identify and include all your expenses, both current and future
• Represent you in court if we need to file a lawsuit to pursue adequate compensation for your claim

 

Benefits of Hiring a Car Accident Attorney

If you get hurt in a car accident, trying to handle your claim on your own can do more harm than good. Some of the significant benefits a skilled car accident attorney can add to your case include:

• They can determine what your case is worth. It can be difficult to determine the value of your case without a car accident lawyer. A lawyer can conduct an investigation and resolve what your case is worth and which damages you may be able to obtain compensation for. By knowing the value of your case, you can prevent the liable party’s insurer from paying you less than you deserve.
• You can avoid speaking to insurance companies. You should understand that the other party’s insurance company does not have your best interest in mind. In fact, their goal is to attempt to convince you to accept a low-ball settlement. A lawyer can deal with insurance companies and negotiate the fair and full compensation you may be entitled to so you can focus on recovering.
• You will not pay anything until you recover compensation. Most car accident lawyers, including the ones at Kisling, Nestico & Redick work on a contingency basis, meaning you won’t owe any fees upfront. Our firm only receives payment if we can help you achieve a favorable outcome for your case.

 

What It Takes To Win A Case

Let’s talk about some of the things that a lawyer will do for you after a car accident. For starters, a lawyer will provide knowledge of the law and procedural rules. Utilizing this combination of expertise and experience is will ensure that you are in position to win your case.

Maybe one of the most important things a lawyer can do is handle communications with these aggressive insurance companies. When you are going up against a big insurance company with vast resources, you need an experienced lawyer who knows how to deal with them. These insurance companies have been known to do whatever it takes to avoid a payout. Your lawyer is there to level the playing field so that you come away with the compensation that fits your situation.

Here’s a quick list of some of the legwork we your lawyer will complete for you:

• Deal with insurance companies. We mentioned this earlier, but it’s worth repeating. There is a lot of back-and-forth with insurance companies after a car accident. This is a difficult task when these insurance companies are trying to avoid paying a settlement. Let your lawyer handle this.
• Obtain evidence. This includes talking to witnesses, gathering and analyzing police reports, gathering medical records and evaluating lost wages (if necessary). These pieces of evidence are so vital to the success of your claim. Your lawyer will ensure to leave no stone unturned during this part of the process.
• Prepare a settlement demand letter. This is a very important document that lays out all of the facts in a way that will lead to injury settlement negotiations.

File the proper paperwork to go to court. Even though going to court is rare, it’s nice to know that you will be in good hands with your lawyer if need be. Your lawyer will deal with the defense attorneys and build your case based on the facts that were gathered.

 

You generally need help understanding your situation

In any of the above scenarios, there are a wide range of considerations and options. Navigating the specifics of insurance adjustments and claims can be confusing. Should you choose to dispute an insurance company’s decision, it means you are going up against a monolithic entity with a deep understanding of how to use the law to their advantage. If you’ve been injured, you may struggle to decide on legally reasonable compensation for lost wages, or for the pain you may have endured as you attempt to recover. If you want to make sure you understand all the angles and are equipped with full knowledge of your situation, a seasoned attorney can help.

What kind of lawyer handles dog bites?

Most personal injury lawyers should be able to handle a dog bite injury case, and you typically don’t need to worry about finding an attorney who specializes in “dog bite defense” cases as opposed to one who handles work on the plaintiff’s side.

Familiarity with general fault concepts like negligence and with the specific rules that might govern dog bite cases in your state should be sufficient, and most qualified injury attorneys should have that, at a minimum.

You may be wondering how a personal injury attorney might be compensated if you decide to hire one to defend against a dog bite lawsuit. In many situations, your homeowners’ insurance policy will kick in to cover the costs of defending a lawsuit over a dog bite, especially when it occurred on your property. So the insurance carrier should pay your legal costs, and the insurer may even choose a lawyer to defend against the claim.  (Learn more about personal injury cases and homeowners’ insurance.)

There may be a few valid arguments you (and your attorney) can raise in response to a claim that your dog bit and injured someone. In states that follow a “one bite rule,” you may be able to argue that you did not know (and could not have reasonably been expected to know) that your dog might end up biting someone. You might also be able to defend against the injury claim by showing that the person who was bitten was actually provoking your dog, or that the person was trespassing on your property at the time the bite occurred. Learn more about defense strategies in dog bite cases.

 

Getting a lawyer is not the same thing as suing.

A good attorney knows how to present a case to an insurance company so that the claim gets resolved without it going to court.

At least 98% of bodily injury cases settle out of court, without a trial. Therefore a person who retains an attorney is not making matters worse, but actually is probably ensuring that the claim will be handled more quickly and efficiently.

An attorney is the only person who can evaluate a claim on behalf of a victim. People do not publish photos of their injuries accompanied with the dollar amounts of their settlements. Therefore an injured person will not be able to find a free and reliable source of information as to how much money he deserves. Attorneys without experience have a rough time settling cases; victims who are not lawyers must simply guess.

Adults frequently lose time from work when they recover from an accident. A claim for lost income requires proof from the victim’s employer. It is better for a lawyer to get it because it must contain not only the basic information about the number of hours or days lost, but also some important evidence on related points such as causation, fringe benefits, and work reviews.

A victim who is disfigured may have a very, very substantial claim for loss of future earning capacity, based on sociological and psychological research. Proving an earning capacity loss is considered to be a specialize topic even among lawyers, and is completely beyond the ability of an accident victim. Since this can be the largest portion of the loss over the years, it is essential that an experienced attorney handle this for the victim.

A lawyer uses his own money to get official, reliable copies of medical evidence and billings, engage a photographer to take photos of the victim, hire a private investigator to learn the history of the attacking dog, and retain a nurse consultant to review and summarize all of the medical evidence. This usually costs between $1000 and $2000 for every claim. Clients are not asked to pay for any of these expenditures until money is received on the claim (except in several states that do not allow lawyers to do this on a contingency basis). There is no reason for injured people to use their own money for this purpose, especially because they frequently have already lost time from work because of the accident.

 

How Do I File a Dog Bite Lawsuit?

Dog bite cases are relatively straightforward as compared to other personal injury lawsuits. To understand how dog bite lawsuits work.To file a claim against a dog owner, use the information above to establish that the owner can be held liable for the incident. The injuries that you endure must be the direct result of the dog bite.

Damages

After establishing a liable party, make a list of all current and future costs resulting from the injury. These costs may include:

• Medical Bills
• Expected Future Medical Costs
• Lost Wages
• Permanent Scarring
• Rehabilitation
• Permanent Disability

 

Choosing a Strategy

If your state doesn’t have a dog-bite statute, or if it doesn’t apply in your situation, you may be able to sue under the common law rule or a negligence theory, discussed above.

To win under a common law (one free bite) rule, you must prove that the owner knew (or should have known) that the dog was likely to cause the kind of injury suffered.

The third option, trying to prove a dog owner was negligent, is usually desirable only if there’s no dog-bite statute to sue under, and it doesn’t look possible to prove, on a common law theory, that the dog’s owner knew the dog was dangerous.

In some states, time limits on filing lawsuits may differ depending on the theory of the lawsuit. For example, in Arizona, lawsuits under the dog-bite statute must be filed within one year of the incident. But an injured person who sues under a common law theory has two years to file a case.

 

Potential Effects Of Dog Bites

Dog bites can inflict serious injuries. Even if these wounds fully heal, they may leave scars and require weeks or months of rehabilitation.

If you or your child has been bitten by a dog or attacked by another animal, you may be eligible to seek compensation for:

• Medical
• Bills
• ScarringDisfigurement
• Lost Wages
• Pain and suffering

Finally, dog injury cases do not solely include animal bites. For example, incidents of being knocked down or an injury  from having to run from a charging dog may place liability on an owner.

Win Your DUI Case With Efficient DUI Lawyer

When Do You Need a Lawyer for a DUI/DWI Charge?

Driving under the influence is considered a crime in every state. So, DUI charges are handled in criminal court. You have a right to represent yourself in criminal court. But most defendants either hire a private lawyer or are represented by a public defender appointed by the court.

Getting a Lawyer’s Opinion About Your Case

It’s difficult for someone with no legal experience or training to assess the strengths and weaknesses of a DUI case. DUI law is complicated and constantly changing, and the facts of every case are unique. So, getting the opinion of an experienced DUI lawyer can be valuable.

Most DUI lawyers give prospective clients a free consultation. But even if you have to pay a small fee, it’s likely money well spent. Bring your police report and any other case documents you have to the consultation to make the best use of your time. It might also help to bring a list of questions you want to get answered.

You don’t have to hire an attorney you consult with. But meeting face-to-face is a good way to gauge whether things could work out with an attorney you’re thinking of hiring.

 

Tips For Hiring The Best DUI Lawyer In 2020

In the year 2012 alone, over a million drivers got arrested for driving under the influence of either narcotics or alcohol, a rate of 1 arrest for every 165 licensed drivers across the country. A DUI arrest is quite a stressful experience. However, it’s crucial to keep your composure enough to deal with the circumstances as best you can. One effective way of making the best of the situation is by hiring the right DUI lawyer.

1. Be Honest With Yourself About Your Circumstances
2. Do Not Try To Represent Yourself
3. Think Twice About Public Defenders
4. Start Forming Your List Of Potential Candidates
5. Take Advantage Of Free Consultations
6. Always Tell The Truth
7. Be Prepared To Ask Your Own Questions And Write Down Answers
8. Consider The Firm Size
9. Narrow Down Your List Based On Comfort And Confidence
10. Make Your Decision When You Have Time To Think About It

 

 

Ways to Defend Yourself Against DUI Costs

Ketosis from Atkins-style diets or diabetes

Conditions such as diabetes, hypoglycemia or low carbohydrate diets (i.e. Paleo or Atkins-style diets) can trigger Ketosis.

Ketosis is a normal metabolic process triggered in your body when it doesn’t have enough carbohydrates from food for your cells to burn for energy.

Without sufficient carbohydrates, your body will burn fat cells instead and produce ketones. For people with diabetes, ketosis is typically a sign of not using enough insulin.

You may be wondering:

“What do ketones have to do with DUI?”

When ketones are eliminated from our bodies through breath and urine, they convert into alcohol. This mouth alcohol can cause breath testing instruments to read inaccurately high BAC levels.

DUI with no proof of driving

One of the key elements needed to prove you were driving under the influence is that prosecutors must prove you were driving the vehicle.

Proving DUI with no proof of driving can be a challenge for prosecutors:

• If Police found you in a parked car
• If your car was in an accident, but no one saw you actually driving the vehicle DWI

 

No probable cause for the DUI stop

Police DUI stops must be supported by reasonable suspicion or probable cause. Traffic stops are temporary detention by Police and considered a “seizure” under the 4th Amendment.

For DWI stops, the most common reasons Police provide are drivers exhibiting NHTSA driving impairment patterns, speeding or running stop lights.

Faulty and Unreliable Breath Tests

The DUI breath tests used in San Diego have many flaws. These tests are subject to some of the following problems:

1. Improper use by the police
   B. Physiological Conditions (gastroesophageal reflux disease aka GERD)
   C. Instrument Malfunction
   D. Failure to observe the defendant prior to the test.

DUI breath testing is the most common way to measure a defendant’s BAC but it is not always an accurate because of the fact that a DUI breath test doesn’t directly measure the amount of alcohol in your blood. It measures the amount of alcohol present in your breath and converts that amount to determine the amount of alcohol in your blood. As a result, DUI breath testing is susceptible to a variety of outside influences that can generate an erroneously high BAC reading.

 

Charged Based on Field Sobriety Tests

Field sobriety tests, such as walking in a straight line, are notoriously unreliable. Many factors can lead to inaccurate results. For instance, if you’re on a slope that could cause some people to appear off-balance when they’re not. Noise from cars going by can make officers think a person either isn’t cooperating or is too incoherent to follow their directions when really the person just didn’t hear them. There are so many things that make field sobriety tests unreliable that being charged just on the basis or mostly on the basis of your field sobriety test results is usually easily defendable in court.

Radio Frequency Interference (RFI)

This is a defense you might never have heard of before. Did you know that all electronic devices, or nearly all, are susceptible to radio frequency interference? AM and FM radios, police radar units, dispatch stations, and other equipment that police officers use all throw off interference that could disrupt the results of the breathalyzer test, since most breathalyzers are also electronic devices. RFI interference, then, might also be a defense your attorney uses to help defend you in court.

There are other reasons you might be able to defend yourself against a drunk driving or DUI charge, as well, including police misconduct. However, it’s important to know that a DUI charge is never a trivial matter and always requires the expertise of a DUI attorney in your area. Make sure to seek out a qualified and experienced DUI lawyer who can help defend you against, and possibly overturn, your DUI charge. Your future depends on it.