A personal injury lawyer or attorney is someone who can help you if you have been injured due to someone else’s negligence. Many people will choose to handle these cases on their own. However, they can be very complex and your injuries can impair your ability to think clearly. Having a personal injury lawyer on your side can help you.
Get Fair Compensation
When you’ve been injured you can be compensated to cover medical bills, damages, personal suffering, and much more. However, insurance companies are not always forthcoming with the compensation you actually deserve. They know that you don’t know enough to fight for what is entitled to you. Having a personal injury lawyer can help you properly negotiate with insurance companies. They are aware of what you deserve and they know how insurance companies will try to hold back. Your personal injury lawyer will make sure you are fairly compensated. Additionally, insurance companies are more likely to take you seriously if you have an attorney on your side.
Handle the Complexities
If you’ve been seriously injured, it can be difficult for you to think clearly or logically. Your injuries may also simply be too painful to allow you to adequately handle your case. Your personal injury lawyer will take care of everything you can’t do for yourself. They will manage to gather all the evidence necessary for your case. This evidence is essential to prove your claim. Your attorney will also be knowledgeable about what it takes to create a strong case. To put it simply, they have knowledge that you don’t have. They can handle all the complexities of your case, while you can have time to recover from your injuries.
Avoid Case Errors
Since lawsuits and court cases of any kind can be complex, even the smallest mistake can bring your case crumbling down. It can be as simple as posting on social media about your injury. This can be used against you in your case. You could even have your case fall apart if you miss the statute of limitations deadline. There are so many small parts of your case and the smallest thing can have a large impact. Your personal injury lawyer can help protect you and prevent any errors from being made.
After an injury, it can be very confusing and you might be at a loss for what to do. Having a personal injury lawyer on your side can help you navigate your case. They will offer expertise and get you closer to what you are entitled to.
If you’ve been injured, reach out to a personal injury attorney!
Driving under the influence is a serious offense. It can lead to many ramifications in your personal and professional life, but you will also face serious legal consequences. Before you consider driving while intoxicated, make sure you consider the consequences you may face.
Fines and Suspensions
The fines for a DUI can be very expensive. They range from a couple of hundred dollars to $5000. These fines are dependent on the situation. Your first offense may carry fines between $400 and $1000, but they may be higher with the further offense. You will also receive high fines if there are any injuries or even fatalities as a result of the accident. In addition to fines, you can also expect your license to be suspended. On your first offense, you are given a six-month suspension of your license. However, if your blood alcohol limit is 0.08% or higher, there may also be an administrative period that extends your suspension. A second offense will land you with a two-year suspension. If you need to drive to school or work, you can apply for a restricted driver’s license during your suspension.
Once you have been arrested for a DUI, you will typically spend some time in jail. The time you serve is variable. For a first offense, you could look at anywhere from 48 hours to six months in jail. A second offense leads to 96 hours to one year in jail. This time increases with each offense. However, jail time can be served as probation or under house arrest. If it is your first offense, judges may be lenient and offer you probation rather than serving time in jail. In California, if you have four DUIs within ten years, it counts as a felony. You could spend up to four years in prison because of this.
In some cases, you may be sentenced to attend DUI classes. These classes are intended to educate you about alcohol consumption and driving under the influence. You will be taught about how alcohol and other drugs impact your decision making and driving ability as well as how you can responsibly consume these substances. The amount of classes you must attend depends on your situation. You will be responsible for paying for these classes which are often expensive.
Receiving a DUI will impact you in many different ways. While you might be thinking about how it will affect your home life or your job, you can’t ignore the legal consequences. Take responsibility on the road, to avoid the legal ramifications.
If you have received a DUI, you may benefit from contacting an attorney.
Immediately after a car accident, you’re probably feeling shaken up and a little overwhelmed. You’re worried about whether anyone is hurt, how you’ll repair the damage, and exchanging insurance information. It’s understandable that your first thought may not be to call a lawyer. However, knowing when to call a personal injury lawyer can save you a lot of time, hassle, and heartache down the road.
When to Call a Personal Injury Lawyer
The simplest answer for when to call a personal injury lawyer is: as soon as possible. Of course, you’ll want to get checked out by an EMT on-site if the crash was serious, and you’ll want to make sure you gather information from all parties involved before anyone leaves. After you’ve settled all the urgent details, though, you’ll want to speak with a personal injury lawyer. The sooner you contact them, the more information they will be able to gather pertaining to your case. If you wait too long, it is much more difficult to collect witness accounts and evidence.
In addition to timing, the circumstances surrounding the accident will influence whether you need to call a lawyer or not. Some examples of when to call a personal injury lawyer are listed below.
- If the other’s party’s insurance company is asking for a recorded statement
- If you are unsure who is at fault.
- If you or anyone else involved was seriously injured.
- If any other drivers, cyclists, or pedestrians were involved.
- If your insurance company gets their attorney involved or their words and actions are inconsistent.
- If the police report is unclear or inaccurate.
- If you are concerned about your insurance status or liability, or if you have no insurance.
- If the accident occurred in a protected area, such as a school zone or construction zone.
When Not to Call a Personal Injury Lawyer
If your situation is listed below, you may not need to contact a personal injury lawyer. However, many legal practices will offer free consultations, so it is typically wise to err on the side of caution and get in touch with legal representation anyway.
- If the transaction with the insurance company is straightforward, quick, and addresses all your needs and expenses.
- If there is no damage to your vehicle.
- If the damage is minimal and easily covered by your insurance.
- If no one present was injured, especially if there was no need to see a doctor.
- If you were still able to continue working and maintaining daily functioning following the accident (i.e., there were no lost wages or significant alterations to your lifestyle).
Contact Rogers | Beltran LLP
If you have any questions or concerns after a car accident, especially if you or anyone else was injured, contact Rogers | Beltran LLP right away. Knowing when to contact a personal injury lawyer is the first step, and setting up a consultation is easy.
If you’ve recently lost a loved one but aren’t sure if the incident qualifies as wrongful death, we’re here to help. We understand the immense difficulty, both emotional and financial, that can come with this type of loss. You can set up a consultation with our experts at Rogers | Beltran LLP for more details specific to your circumstances and to find out whether you deserve compensation. First, let’s clear up what wrongful death is and some scenarios where it might apply.
What Is Wrongful Death?
When a person is responsible for a death, either because of an intentional choice or negligence, someone close to the deceased may be able to file a wrongful death claim. Essentially, a wrongful death claim means you would like to sue a person or company for committing an action that caused the death. You would be seeking compensation for funeral and burial expenses, medical bills, emotional damage, and any other related expenses through this lawsuit.
Examples of Wrongful Death
To get an idea of what may qualify for a wrongful death claim, consider situations where a person may have a case for personal injury. The difference is that instead of injury, the action resulted in death.
- Medical malpractice
- Car accident fatalities due to negligence, mechanical problems, etc.
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Defective products
- Nursing home neglect
- Workplace accidents
Who Can Sue for Wrongful Death?
Once you understand what wrongful death is, the next step is determining who can file a claim. If you have a close relationship with the deceased and have suffered financial hardship, there is a good chance you are eligible to file a claim. Some examples include siblings, parents, grandparents, spouses or life partners, children or financial dependents, and sometimes unrelated individuals if they can prove they have suffered financially.
Who Can Be Sued for Wrongful Death?
Individuals or companies who are responsible in some way for the action that caused the death may be sued. Some examples would include the driver of a vehicle or the company that vehicle represents, an agency that failed to provide proper safety warnings, manufacturers, distributors, installers, and builders. However, there are exemptions, so it’s always best to consult with a lawyer before deciding to file a lawsuit.
What is the Deadline to File?
Finally, if you plan to file a wrongful death claim, it’s essential that you understand the deadlines associated with bringing a case. For example, according to California laws, claims against a public entity must generally be presented within 6 months of the incident. Other types of cases have shorter deadlines as well. If you miss the deadline, your case may be lost. It is imperative that you consult with an attorney about the deadlines that apply to your specific case.
Rogers | Beltran LLP
Contact Rogers | Beltran LLP to set up a free consultation with our team and find out whether you may be due compensation. We can explain more about what wrongful death is and the process for obtaining justice in your case.
As a veteran, I understand first hand the difficulties that veterans experience after completing their military service. Many factors affect a veteran’s ability to reintegrate into the real world. Recently, many of our veterans have served at least one combat tour and likely return with visible and “invisible” wounds. These “invisible” wounds often cause veterans to engage in unhealthy or perilous behavior as they attempt to deal with their stressors.
In California, the state has recognized the struggles that veterans endure. To assist veterans, the state has created a Military Diversion Program (“MDP”) serving as a sentencing alternative available to qualifying veterans/servicemembers (“veterans”) who have committed a misdemeanor offense. If the veteran successfully completes the MDP, the court will dismiss the charge(s) without the veteran having a conviction on their record.
What is “Pretrial Diversion”?
The MDP statute defines pretrial diversion as “the procedure of postponing prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication.” Traditionally, a criminal conviction requires that a defendant be found guilty of a crime or enter a plea of guilty/no contest, AND that the defendant be sentenced for that crime.
The MDP is a pretrial diversion program that, in most cases, will not require that a veteran enter a plea of guilty or no contest. In very few cases, a judge may require a veteran to have entered a plea of guilty or no contest prior to admitting the veteran into the Military Diversion program. In those situations, because the veteran is admitted into the MDP before sentencing, there is no conviction.
Once a veteran successfully completes the MDP, the charges are dismissed in their case and the arrest upon which the charges are based shall be deemed as if it had never occurred.
Who Qualifies for the Military Diversion Program?
The Military Diversion Program was created for veterans who have committed a misdemeanor offense and “may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service.” The MDP applies to any alleged misdemeanor violation ranging from DUI, possession of narcotics, assault and battery. Courts typically request that the veteran provide a letter from a doctor confirming the diagnosis and its relation to military service.
How Does a Veteran Apply for the Military Diversion Program?
To be admitted into the MDP, a criminal defense attorney will be required to file a formal motion requesting that the court admit the veteran into the Program. The motion is specific to each veteran’s case. The motion will consist of facts supporting the veteran eligibility and arguments for admittance into the program. If the court grants the veteran’s motion, the veteran will be admitted into the MDP and the case will be suspended pending the successful completion of the MDP.
What Happens Once Admitted Into the Military Diversion Program?
If the veteran’s motion is granted, the court will require the veteran to address and treat the veteran’s issues using resources available to the veteran. Often, this requires the veteran to participate in treatment at their local V.A. hospital or Vet Center. The required treatment plan usually lasts for a period of one to two years. During this time, the court will require that the treating facility file a progress report with the court and prosecutor at least every six months.
Contact Us If You Have Any Questions About MDP
Contact us if you have any questions regarding California’s Military Diversion Program and you are a veteran, or know a veteran, charged with a misdemeanor crime.
Thank you for visiting our website. Please note that this article is not intended to be legal advice. Rogers | Beltran LLP does not represent you until you have a signed retainer with the firm. The views expressed herein are for educational purposes only. The law constantly changes, and we make no representations or guarantees about the current or past validity of the legal analysis. If you have questions about the current state of the law in this area, feel free to reach out to our law firm for a free telephone or remote consultation (Zoom) or seek legal counsel from another reputable law firm.