Car accidents generally do not cause degenerative disc disease. That said, if you had this serious back condition before the accident, the crash can make it worse. Because the accident exacerbated the preexisting injury, you can recover compensation. The at-fault driver is responsible, even though your particular health condition made your injuries more severe. This …
If you were hurt in a pedestrian accident, you may be able to recover compensation for all of your losses. The amount of the recovery will depend on three primary factors: the severity of your injuries, whether you were partially to blame, and the other party’s insurance coverage or ability to compensate you for your …
Police barged into your home and seized what they told you was “evidence of a crime.” But they did so without a valid search warrant. The police said they did not need one because of “exigent circumstances.” What does that mean? Exigent circumstances are situations that require swift or immediate action usually on the part …
There are several legal defenses that you can raise to beat, or reduce, a charge of domestic violence. Some of these include: the alleged victim’s injury was the result of an accident, the alleged victim’s injuries did not result from your actions, you were acting in self-defense or in defense of someone else, and/or you …
You signed a written promise to appear in court but failed to appear as required. You receive word that the judge in the case issued a “body attachment.” That doesn’t sound good. But what does it mean? A body attachment is a warrant issued by a judge that authorizes a law enforcement officer to arrest you …
10 of the most common ways in which you can be found to be in violation of your parole are when you: violate travel restrictions, fail a drug test, do not report to your parole officer (or show up late for a meeting), fail to secure gainful employment, refuse to be searched, possess a firearm …
Restraining orders are generally part of the public record. One consequence of this is that a restraining order will likely appear on a criminal background check. This can sometimes have ramifications in terms of securing employment, housing, and other benefits. A restraining order is a court order that forbids a specific person from threatening, harassing, …
In California, for dog bite victims to recover punitive damages they must show that the person responsible for the animal acted with oppression, fraud or malice. The plaintiff has to prove this with clear and convincing evidence. Punitive damages are meant to punish the defendant for heinous acts in order to deter them in the …
Three of the most important things to know about the compensation amounts available in slip-and-fall cases are that: your compensation amount will decrease if you were partially to blame for your injuries, the compensation is meant to make you whole, again, and is rarely awarded to punish the defendant, and the compensation amount is usually …
Ladder accidents can happen in a wide variety of ways. However, 5 of the most common causes of a ladder accident are: the ladder was not on level, firm ground, the person descending the ladder missed the bottom rung, the person on the ladder overreached, the wrong type of ladder was being used for the …
Post-concussion syndrome (PCS) is an injury that you can suffer after a car accident. PCS is a medical condition where the symptoms of your concussion persist for longer than the normal recovery period. This can sometimes be a debilitating condition. Many people with PCS struggle both professionally and personally. If you develop PCS after a …
The gun laws of most states say that if you carry a concealed weapon without a permit, then a prosecutor can charge you with either: a misdemeanor, a felony, nothing if you are exempt under your state’s concealed carry laws, or nothing if you are a resident of a “Constitutional Carry” state. Most state laws …
In most states, employers are generally liable under the doctrine of negligent hiring when one of their employees causes harm to a third party (for example, a customer) and the employer knew or should have known of the employee’s risk to cause harm. Employers are also liable if an employee causes injury and the employer …
Some of the most common injuries from falling down stairs include sprains, strains, soft tissue injuries, broken bones and fractures, and head and neck injuries, including concussions and traumatic brain injuries. In some cases, the victim was not at fault for the stairway accident. He or she may be able to bring a stairway accident …
The plea bargain process is a negotiation between the prosecutor, on one side, and you and me as your criminal defense lawyer, on the other. The goal is to come to a mutually-agreeable resolution without taking the case to a trial the outcome of which is uncertain to both sides. Most criminal cases are resolved …
Victims in car accidents can often expect anywhere from a few thousand dollars to over $1,000,000 in a car accident settlement. The wide range is because there is no such thing as an “average” car crash. By the same token, there is no “average” settlement. The settlement should reflect the victim’s legal damages. Other factors …
Yes. An out-of-state felony arrest warrant typically authorizes law enforcement personnel to arrest you in your home state. Depending on the seriousness of the felony offense, the police may even work with officers in your home state to locate you and facilitate the arrest. Depending on the facts of the case, you could be extradited …
There are several ways you can try to get out of a misdemeanor charge in a criminal case. Four common strategies include: providing exculpatory evidence to the prosecutor, completing a pretrial diversion program, entering a plea bargain, and filing motions that undermine the prosecutor’s case. There are several important benefits to trying to get out …
3 common defenses to an allegation of failing to register as a sex offender are extenuating circumstances, a justifiable lack of awareness, and lost registration information. Showing that one of these defenses is present in your case can prevent a costly conviction. In many states, like California, failing to register as a sex offender can …
10 Years In California, a conviction for driving under the influence (DUI) stays on the defendant’s driving record for 10 years after the arrest. It cannot be removed from the driving record during that time. The record of the conviction stays on the defendant’s criminal record forever, unless it is expunged. This includes both misdemeanor …
While federal law does not require a meal or rest break in a 5-hour shift, some state laws do. Many states, however, only guarantee a meal break for shifts longer than 5 hours. While rest break are paid, meal breaks are usually unpaid. If your employer does not provide a mandated break, you can file …
Every state in the U.S. treats the crime of kidnapping as a felony offense (as opposed to a misdemeanor). Many states have different degrees of felonies so the specific penalties for this offense will slightly vary among jurisdictions. However, most states say that the offense is punishable by minimum state prison sentences of up to five …
Generally, inappropriate workplace behavior that is either severe or pervasive qualifies as a hostile working environment. Workplace behavior is inappropriate if it amounts to harassment. Conduct can be harassment if it targets someone’s protected trait and is unwelcome. If the hostile working environment was created by your supervisor, you may be able to hold your …
So the court granted your appeal in a criminal case! Congratulations! So what happens now? After an appeal is granted, most often the appellate court will remand the case back to the trial court with instructions on how to fix the errors that the lower court made. If the errors tainted the verdict, the appellate …
When you violate probation in a misdemeanor case, the court has wide discretion as to what consequences to impose. The judge could let you off with just a warning. The judge could also rachet up your terms of probation, or even revoke probation altogether and send you to jail. As to the last two results, …
