Category Archives for "Compensation"

Mar 15

Why You Need to Pay for a Criminal Defense Lawyer

By Isabel Burgess | Attorneys , Compensation , Law

Are you charged for DUI or driving under the influence or any other criminal offense? Being charged can be a terrifying thing. The consequences can be serious. It may jeopardize your future.

In this article, let’s understand some facts about criminal law: who needs a criminal lawyer; how to find one and are there lawyers offering free services?

Who Needs a Criminal Defense Lawyer?

You will need a criminal defense attorney if you are charged with either misdemeanors or felonies.

Misdemeanors are less serious offenses like petty theft, prostitution, public intoxication, simple assault, misconduct; trespassing, reckless driving, possession of marijuana, possession of certain drugs.

Felonies are more serious than misdemeanors and include offenses like murder, rape, kidnapping, treason, aggravated assault, arson, robbery/burglary, various forms of fraud, distribution of certain types of illegal drugs; possession of illegal drugs; grand theft.

If you are arrested respect law enforcers. Avoid being very aggressive and loud behavior. Cooperate with the law enforcers giving them your basic information like name, address. Never talk to anybody about your case. Tell the law enforcers “you need to talk to your lawyer”. This signals them to stop talking to you. Ask for a dedicated criminal defense lawyer like Matt Gould.

How Do You Find a Criminal Defense Lawyer?

There are two types of criminal defense lawyer: private criminal defense attorney and public defense attorneys. If you can not afford to pay a private lawyer, the state will provide you with a public defender.

Find a private criminal defense lawyer if you can afford. They are typically practicing their profession in your locality. Most practicing private defense lawyers had several years of experience as district or city attorney or public defender.

Defendants are advised to hire an experienced lawyer from their locality because, although the law is the same among states, the difference lies in local courthouse procedures. They know well the procedures, the lawyers of the opposite parties and the police officers in charge with the client’s case.

It’s best that the lawyer handled a similar case like yours in the locality. Because of the complexities of the criminal law, lawyers focus or specialize in particular offenses. One lawyer may be an expert in handling drug offenses, another with tax fraud or embezzlement.

You can ask to be referred to a friend of your family member or friends. It would be best that you find somebody you are comfortable with since you will be dealing with him until your case closes.

At the first meeting evaluate if you can openly talk and communicate with him. Can you see him sincerely wanting to help you?

Free and Low-Cost Criminal Defense Lawyer

A lot of people need lawyers but can not afford to hire one. Who can help them?

There are groups who are providing low cost or free legal defense:

Public Defenders

Public defenders are appointed by a judge if the defendant can not afford to pay for a private criminal defense lawyer. He will be assigned to your case until the first appeal if you lost the initial case.

Legal Aid and Nonprofit Groups

They provide free legal services to people below a set income level. You have to apply to know if you are qualified. If you belong to the fairly low income level then you would surely qualify.

Pro Bono Services

They are private practitioners who set aside time to work for free. Their services are available for those are really poor and belongs to very low-income level.

Final Note

Being charged with a criminal offense may jeopardize your future. If you can afford, hire an experienced criminal offense lawyer from your locality.

Jan 25

How Personal Injury Laws Can Help You

By Isabel Burgess | Compensation , Law , Personal Injury

Accidents are accidents; they happened unplanned. When it happens to a person, it causes confusion, physical pain and mental anxiety including the family and loved ones. If it happens, then you are in a dilemma whether to pursue a case or not. Should you choose to file a lawsuit or not? Is it worth it? How far can Personal Injury Law protect you?

What is Personal Injury Law?

Personal Injury cases begin when the aggrieved party files a case against a person who caused the slip and fall, car accident, etc. Typically, though, before filing the case the parties will be encouraged to have an out of court settlement.

Personal Injury Law, Cases and ProtectionThere are many personal injury cases filed each year, but many of those that are filed with the court system are settled before they ever make it to a trial. Both parties, as represented by their respective attorneys, will sign a written agreement and decide to receive a mutually determined amount money in lieu of filing a personal injury case. However, when there is a failure to have an out of court settlement, the defendant decides to file a formal lawsuit.

In contrast to a criminal lawsuit where the government initiates the filing of a lawsuit, the personal injury case begins when the aggrieved party decides to file a civil complaint against the other party.

What are the Compensatory Damages?

Compensatory Damages are governed by the Personal Injury laws, which vary from state to state. Losses due to a person are called compensatory damages. Compensatory damages are given to the plaintiff as sort of payment to his losses. When he met that accident or when he had that slip or fall, he was unable to make a living, so the court decides to award him damages translated to money. It may be easier to translate medical expenses and damage to property to monetary value. However, when it comes to physical pain, trauma and mental anxiety it is much harder to prove.

Here are the Different Compensatory Damages the Court Awards to the Plaintiff:

Expenses incurred or will incur due to medical treatment. Damages will be awarded to the plaintiff with regards to whatever he has spent for him to heal from the accident. This will include hospital expenses and medical treatment, including the ones you will incur in the future.

  • Loss of income. You are entitled, if you win your case, to be compensated for the loss of the wages that you suffered, and for the loss of the wages that you will suffer in the future due to the accident.
  • Property loss. Compensation will be awarded to you for the damage to property caused by the accident. The fair market value of the damaged property will be determined by the court.
  • Pain and Suffering. Due to the accident, you experience pain and suffering by which the court awards compensation. This may be a little harder to determine, however, the court will decide how much compensation to give.
  • Emotional distress. The court awards the plaintiff as well for whatever mental anguish he suffered due to the accident, slip or fall.
  • Loss of enjoyment. The plaintiff is awarded damages due to loss of enjoyment if the accident prevents you from returning to the normal physical activities or hobbies you were once involved in.
  • Loss of consortium. The court awards this to the plaintiff due to the inability to experience the normal relationship between spouses and between parents & children.

 

Receiving compensation from personal injury cases may not cover for the emotional turmoil one experiences. However, if you know the law and your rights, and did your best to fight for your rights, it will be worth it.

 

Jan 22

Finding a Personal Injury Lawyer near You

By Isabel Burgess | Attorneys , Compensation , Law

Personal injury law refers to the sets of legislation designed to protect and financially compensate those who have been physically or emotionally injured by another individual, business or government agency. Examples include slip-and-fall injuries, workplace accidents, medical malpractice, assault and battery, exposure to harmful substances, and defective products.

Car accidents are the most common. They happen daily, anywhere from every five to ten seconds. There is no clearer cut answer as to how many happen each second because a significant amount of incidents, large and small, are never reported. Below you will find common types of injuries that a Personal Injury Law firm can assist you with in court.

Car accidents can result in a range of injuries, but three types occur most frequently. These include:

Personal Head and Back Injuries

Head injuries are one of the most severe car accident injuries. Drivers and Filing a Personal Injury Lawsuitpassengers in high-speed crashes can hit their heads against dashboards, steering wheels, or windows. This can cause traumatic brain injuries, ranging from just mild concussions to comas and continuing cognitive issues.

Thorough medical treatment and long-term care are usually required after. Head injuries can also cause hearing loss, skull fractures, and impaired vision.

Back injuries are common as well. Any damage to the spinal cord may result in remarkable nerve damage. You may experience reduced sense of and control over your arms, hands, legs, feet, and other body parts. More severe forms of spinal damage can paralyze some.

Herniated discs are also common. This is much less dangerous than head injuries or spinal damage, but could still cause notable problems. These personal injury patients often experience muscle weakness, tingling or numb sensations, and leg or arm pain.

Neck and Chest Injuries

The most well-known car accident injury is whiplash. The abrupt motion of the head and neck (typically from rear-end collisions) can cause acute neck muscle and ligament damage. Whiplash injuries vary to each person, depending on the health of the individual as well as the accident. Overall neck pain and swelling are also common. Temporary vocal cord paralysis may happen as well.

Many serious injuries occur to the chest. Blunt force trauma from car accidents can cause broken ribs and collapsed lungs. Individuals with heart problems can go into cardiac arrest from an accident. Internal bleeding in the chest region could be an immediate issue after an accident. Damage to the internal pelvic organs and the abdomen can also happen. Such injuries need immediate medical attention.

Other Injuries Covered by Personal Injury Law

Injuries to the arms, legs, hands and feet may be familiar. Injuries involving pedestrians can see leg and foot costs in addition to all those mentioned above.

Motorcyclists included in car accidents can endure significantly more severe and more numerous injuries. Examples are torn ACLs, broken bones, and even severed limbs. The fatality rate for motorcyclists is also higher than that for passengers and drivers in cars.

Psychological distress in the aftermath is also prevalent. People most often drive or ride in cars with family or friends. Serious car crashes can result in emotional scars on those who have who suffered serious injuries in addition to individuals who witnessed them. Counseling and treatment for PTSD and similar emotional issues is standard.

In closing, if you or a loved one is involved in a car accident and sustain any injuries, it is crucial that you collect evidence and report it, as there is a possibility that you could have a legitimate personal injury claim to monetary compensation.

Hutchison & Stoy, PLLC

509 Pecan St #201
Fort Worth
TX
76102
817-820-0100

Jan 16

Why You Need Your Own Workers’ Comp Attorney

By Isabel Burgess | Attorneys , Compensation , Law

Injuries in the workplace occur more frequently than most would imagine. Accidents are unavoidable, and sometimes serious injuries such as to the spinal cord, or a fall onto your back, head, or neck can result in terrible, chronic, or even permanent trauma.Workers' Comp Spinal Injury

Some of these injuries can be as serious as nerve obtrusion’s, bulging/herniated disks of the spinal column, neurological damage, and in serious cases nerve damage, paralysis or even death.

Even the smallest wound or laceration can require surgical treatment and up to a year or more of rehab services before being able to feel like you’re back to normal. Too often, after a back or head injury, you never return completely back to the way you used to feel. This is when a workers’ compensation attorney can come in handy.

Any doctor will tell you that spinal cord trauma is among the most painful and emotionally disparaging types of injuries that a person can go through. The possibilities of life-long paralysis are exponentially higher with spinal cord damage, and the cost of living for those with partial or full paralysis are always immense.

Receiving Workers Comp

No one should have to go through the pain and suffering of severe physical impairments, but that’s why you have the option to receive workers compensation pay to help ease yourself into the new lifestyle you will be developing. So why would you trust the insurance company that represents the business where you were injured on the job? Simply put, an insurance company will generally fight to protect their client.

There is a lot that goes into a workers’ compensation claim and most people just don’t know what to do or expect. The last thing you want to do is agree to settle your claim with the company before you have even figured out what the current status of your health is, or what kind of injuries you might have obtained.

What Is Workers’ Comp?

This is a type of compensation pay and Medicare services from an insurance company in case you become ill or suffer a physical injury because of your job. This so-called compensation fee is required to be paid out by your employer, but the law around these factors vary from state to state. Complying with your state’s laws regarding compensation benefits is a crucial part of an attorney’s job.

As we spoke of earlier, death is an unfortunate accident but does sometimes occur in the workplace. Even though there are differences in the state’s law regarding workers’ comp, most provide death, medical, and physical/mental handicap services.

The differences will usually include things like the payout amount that is received by the injured individual for pain, suffering, and medical expenses like doctors visits, prescriptions, surgeries, and more.

The most important aspect to workers compensation pay is that your loved ones can receive payment on your behalf after your death, to ensure that they are taken care of. Your family and their happiness are great reasons to make sure that your rights and the rights of your loved ones are fought for and protected.