Whether someone has suffered from being in a terrible car accident, being attacked by a dog, medical malpractice, molestation, assault and abuse, and defamation of character. There are two main types of personal injury acts, which are negligence and intentional torts. Negligence is when someone’s intentions, non intentionally, affect the life of another’s resulting in injury or harm due to acting out of care and showing signs of reckless behavior. Common types of personal injury in New York that are of the form of Negligence are auto accidents, medical malpractice, as well as slip and fall accidents. Personal injury in New York that is in the form of Negligence occurs because the person who committed the act was not acting responsibly and alertly to their surroundings. To prove Negligence, one must prove that the accused owed the defendant a duty of care, the accused failed to perform that duty, the injuries suffered by the defendant were caused by the breach of duty, and the injuries could be foreseen. If all of these contingencies are fulfilled it that much easier to prove Negligence occurred which proved personal injury in New York did take place.
Intentional torts are those acts that are caused due to the accused intentional seeking out the act on another. This wrongful act that is intentional must also cause injury in order for it to classify as intentional personal injury in New York. Intentional torts can pose problems to the victims in terms of settlement figures because generally insurance companies do not cover acts of intentional personal injury. However, insurance companies may cover the act of more parties are involved in the act. For example, if your child were assaulted at school, the assaulter would be accused of an intentional tort. However, the school where the assault took place also has a duty of care to your child to keep them safe and free from harassment. This means that the school could also be charged for negligence because they owe that duty to your child, they failed to provide that duty, the act resulted in injury to the child, and the injury could have been foreseeable if access to the school from third parties was permissible. Personal Injury New York is no quiet matter, that is why the different forms of personal injury are set up to classify and determine the extend of each.
If you or a loved one has fallen victim to an act of personal injury in New York, contact a lawyer as soon as possible. They will be able to determine whether the act was negligence or an intentional tort and will thus be able to proceed with the case and take it in the direction it needs to go. When suffering from a personal injury it can prove to be a very trying time in ones life due to the unresolved circumstances. Your lawyer will be able to provide you with the right amount of care and protection despite what the defendant might have committed.
Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as medical malpractice, automobile accidents
Hiring The Best Lawyer
When you need to obtain a lawyer you want one who has an area of expertise in the field of which you need legal representation.
There are many different reasons why some one can be need of a lawyers service. That is why there are so many different lawyers to chose from. There are many areas of law in which a lawyer can specialize. You wouldn't hire a tax lawyer to represent you in a car accident case.
Depending on your legal situation you may or may not need a lawyer. Some small claims court cases are easily handled by your own representation. This is why most lawyers offer free consultation services. It is after the initial consultation a lawyer can decide whether it is worth it for you to obtain their services. If it is decided you are in need of their service they then will present the cost of retaining their services. Retainer fees are the first payment just to obtain their service. They will also be able to tell you how much your total cost will be.
Some lawyers work on what is called contingency. Contingency is what the lawyer will earn if your case is won. There is usually no up front costs for this. The way it works is your lawyer will take around 33% of the money awarded to you in your case. So if you had a case that was for an award amount of $1500.00 your lawyer will take about $500.00 or so.
Hiring the right lawyer can be the key to winning your case, especially if you have a strong case. Some things you would want to know about your lawyer are their credentials. You would want to know how many cases they have won, their amount of court room experience, have they settled a lot of cases out of court and are they licensed to represent you in your state. You should feel comfortable and confident with the lawyer you chose. You should feel that you trust your lawyer can adequately handle your case. You could ask to see if they have a portfolio to help you determine whether they are good enough for you to hire.
Most people don't ever anticipate a need for a lawyer so it is hard for them to know what to ask and do before obtaining their services. Unless you are a Business Corporation or proprietor you wouldn't really already have your own lawyer. So if you find your self in need of a lawyers service you should ask them the right questions. Also remember this is something they may affect you financially or criminally. You don't want a lawyer who takes on multiple cases at once for really low rates. You should feel that they are focused on your needs and are determined to win you case. You also want them available to answer your questions when you are feeling uncertain about your suit.
Remember this can be a win or lose situation and if you don't chose wisely you may regret it.
Possession of Controlled Substances
According to the Bureau of Justice statistics, there were 1,508,500 offenses for drug possession in a recent report. There are approximately a million or more people arrested per year for possession now than there were just ten years ago. The law enforcement around the country is taking a zero tolerance attitude towards any form of drug offense.
The main drugs that Americans are being arrested for possessing are:
- Marijuana
Heroin
Cocaine
Methamphetamine
MDMA – Ecstasy
Oxycontin
Hydrocodone
The courts have been so overwhelmed with drug related cases that many states now have drug courts and diversion programs for drug addicts and abusers in an effort to actually stop the drug problem where it starts. In all the efforts it appears that as long as there is a demand, society finds a way to supply it.
Juvenile Justice
Has your child been charged with a criminal offense? Depending on the nature of the crime, being charged with a serious misdemeanor or felony can place your son or daughter behind bars. In a recent study, according to the Federal Bureau of Investigation (FBI), Juvenile offenders accounted for nearly 11.9 percent of violent crimes. These crimes include 20.3 percent of property crimes that happen in the United States every day. Including, 20.3 percent of property crimes that happen in the United States every day. Regardless of the child’s age, he or she can still be charged with a crime as an adult. The state law is mainly responsible for governing the juvenile law under the enacted juvenile code.
Here are the most common offenses associated with juvenile crimes:
- Gang-related activities
Shoplifting
Curfew Violations
Assault and Battery
Date Rape
Property Violations
Underage Drinking
Cruelty to Animals
Drug Trafficking / Possession
When a child is sent through the juvenile court system, they have rights that are protected by law. In most states, juveniles often have more protected rights – such as court records that are not to be released to the public. Such records of a minor are sealed and are exempt once the minor becomes an adult, unless there are extenuating circumstances. When convicted of a crime, the juvenile may receive a sentence according to the statues of juvenile justice.
There are many legal options that a child convicted of a crime should be aware of. Speaking with an experienced and knowledgeable criminal defense lawyer can assist you through the process of the juvenile court system. Rather than punish the young offender the main objective of the juvenile justice system is help rehabilitate.
Drug Charge Overview
The war on drugs is a non-stop collective effort run by local, state, and federal agencies. According to recent statistics from the Department of Justice, the number of people arrested by state, local and federal agencies for drug violations alone numbered well over 1,500,000. The result that this has had on the citizens of the United States is staggering. No other country has such a policy in effect. In order to control the abuse, law enforcement agencies have taken an approach to just lock people up and thereby have dismantled the very fabric of many American's lives in that effort. If you have been arrested for a drug abuse offense there are certain rights that you may not know you have. An expert attorney in the field of drug charges can help you understand your rights and your options.
There are a lot of people arrested on a daily basis for using, possessing, manufacturing and delivering drugs. Below is a brief list of criminal drug charges.
These drug charges may be classified as Felony or Misdemeanor, depending on the amount and type of substance:
- Drug Possession
Drug Manufacture
Drug Delivery
Drug Distribution
Drug Trafficking
Drug Cultivation
The laws in your area require that you speak with a lawyer that knows your local laws regarding your case. If you are arrested you will have to appear in court and the Judge will require you to have a lawyer. To appear without an attorney and, represent yourself would not be advisable. Only an experienced and well trained drug charge attorney can successfully handle the complexities involved in a criminal offense under the Controlled Drug and Substance Act. An experienced drug charge attorney is familiar with the current policies and procedures in your area that will give you an advantage in handling your case.
Criminal Law Overview
Criminal or Penal Law, is defined as the body of statutes which provide the punishments for legal offenses. The process of criminal justice actually begins with an alleged crime. The allegation is an accusation that comes from a complainant. Either an instrument called an information or indictment may be filed in court in which formal charges are then brought about by a grand jury. The Fifth Amendment requires that a case be seen by a Federal Grand Jury, if the crime is considered to be against the United States. Each State has its’ own procedures aside from those of the U.S. Grand Jury.
The U.S. Criminal Code defines the criminal laws as they apply to the United States. Criminal statutes, define to a greater detail the nature, scope and elements relative to a particular offense and every state has statutes regarding the criminal code for that state.
Listed below are areas of crime that fall under the criminal law statutes:
Appellate Law
White Collar Crime
Bribery
Counterfeiting / Forgery
Embezzlement
Fraud
Healthcare Fraud
Government Fraud
Murder / Homicide
Tax Evasion
Violent Crime
Theft / Property Crime
Drug Crime
Juvenile Crime
Child Abuse Crime
There are many criminal laws that the Congress passes into legislation. Each state has there own set of criminal laws which loosely follow that of the Federal Statues. The severity of the crime and the causal punishment is determined by the laws set forth in that state. Many criminal laws are typified differently in one state than in another. It is because of this that a criminal defense lawyer must be registered to practice law in the State which they intend to work.
If you are in need legal representation for an alleged crime, don’t take the law into your own hands. The criminal code in every state is unique and difficult to interpret. Seek advice by a competent criminal lawyer to handle your case.
Criminal Procedures
Criminal procedure is the legislative rules that run the proceedings of criminal law. In the United States, The US code, Title 18, Part II, dictates the federal statutes on crimes. The states have their own adopted criminal statutes that resemble those of the US criminal code.
Below is a list of some elements of that fall under criminal procedure in the US code:
- General provisions
Arrest and commitment
Searches and seizures
Speedy trial
Grand jury
Indictment and information
Arraignment, pleas and trial
Witnesses and evidence
Verdict
Sentences
Every state has a set of statutes that govern the body of that state’s criminal code. Being an adversarial model, the justice of a defendant depends on having a highly skilled criminal defense lawyer interpret the laws, present and argue the rights of the defendant, and ultimately persuade the court into ruling that the defendant be exonerated of guilt.
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