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DUI Arrests: Who Files Charges?

DUI Attorney

DUI arrests are among some of the most serious charges in terms of driving violations. The justice system takes these charges seriously. If you or a loved one has been arrested for a DUI, you may be wondering what the process will be. Who files the charges? What happens next? Here’s your guide to a DUI arrest.

Who Files Charges?

Following a DUI arrest, a person us booked and issued a citation to appear before a judge. Following, he or she is released. The court date that you are given has everything to do with the court’s calendar. This does not mean that the charges have been filed. The district attorney files the charges against the person who committed the DUI. Sometimes, it can take up to a year for those charges to be formally filed. If you aren’t charged right away, the prosecutor’s office may have backlog or the prosecutor may still be investigating your charge.

It is always the district attorney that prosecutes and files these charges. If you were arrested for a DUI, then you can count on charges being filed. DUIs are taken very seriously by the court system and you can’t expect that it’s forgotten about. In fact, many people get in trouble for believing that the system forgot about their case.

What Happens Once Filed?

Once charges are filed, if it’s past the original court date, you will receive a new court date. If your court date passes with no formal charges, you do not have to appear in before the judge on the date issued by the station. The judge needs the formal charges to proceed with the case. Once filed, you will receive a notice that you need to appear before a judge. If you do not appear on that date, there may be a bench warrant issued for your arrest.

Keep in mind that this can happen even if you move homes in the time that it takes for the prosecutor to file charges. It’s crucial that you have a forwarding address and keep up with the case. If you fail to see the notice, you still have to go to your court date.

If you’re facing a DUI, you need to remember that these are serious charges. Not only should you have a lawyer willing to work with you on a case, but the lawyer will help you make sure that you don’t miss your court date for any reason. If you’re facing DUI charges, speak to a DUI attorney today!

Thanks to The Lawfirm of Frederick J. Brynn, pc for their insight into criminal defense and DUI arrests.

Hair Treatments for Accident Victims

PRP for Hair Loss

If you have accident-related hair loss, you may be overwhelmed and wondering what to do. Every time you look in the mirror or run your fingers through your hair you are reminded of the incident. Perhaps you were in an accident that was someone else’s fault, or there was negligence. Consequently, you may be considering a hair restoration treatment, like platelet-rich plasma (PRP) therapy, but are eager to know if the cost of treatment is included in the accident-related damages.

If you’re already working with an attorney on filing a personal injury claim, you’ll likely want to let them know about your accident-induced hair loss. And you may want to choose a hair treatment doctor who can provide the needed support to help justify your need for hair replacement.

PRP Therapy for Hair Growth

PRP is gaining more and more popularity around the world within the last few years. PRP may be an ideal treatment option for hair loss, as it has numerous scientifically-backed reports of its efficacy. It’s been shown to increase hair thickness and hair count, and extend the growth phase of the hair cycle.

The liquid portion of blood, called the plasma, contains platelets which have abundant growth factors. Growth factors are substances that play the role of messengers, signaling cellular function. They have been used in medicine to treat a wide range of health issues, including arthritis, degenerative joints and discs, and other signs of aging. For people with thinning hair, growth factors can enhance, activate, and stimulate the activity of the hair follicles and that leads to new hair growth.

Hair starts growing from a root in the bottom of a hair follicle. The hair root is made up of cells laden with protein. Blood vessels in the scalp feed the root, which creates more protein-packed hair cells and causes the hair to grow. PRP can promote a healthy scalp and hair follicles, leading to hair growth.

PRP Therapy: The Process

There is a meticulous process involved in using PRP for hair regrowth. It starts with a standard blood draw from a vein in the patient’s arm. Next, the tube of blood is placed into a machine called a centrifuge, which spins the blood tube at a high velocity. The centrifugal force created by the high-speed spinning pushes heavier materials to the outside, so separates the red blood cells from the plasma.

The plasma portion, which is rich in platelets and growth factors, is then injected with a small needle directly into the scalp at the level of the hair follicles. The entire procedure typically takes less than an hour from start-to-finish.

PRP Therapy Is Safe and Effective

For the most part, there’s little risk associated with PRP. Both women and men experiencing hair loss are typically good candidates for PRP therapies. It seems to work particularly well for people with early hair loss and androgenic alopecia, which is a hereditary type of patterned hair thinning. People who have lost or thinning hair as a result of an accident or injury may benefit as well.

If you’re curious to know if PRP therapy can help with your hair loss situation, schedule a consultation with a hair treatment doctor to get personalized answers to your questions and concerns.

Resources:

Wikipedia, Hair Treatment

Dr. Robin Unger, MD, PRP for Hair Loss

What is considered a catastrophic injury?

A catastrophic injury is one that is so severe that the victim suffers a permanent injury and/or symptoms for the rest of their life. It’s not uncommon for a brain or spinal injury to be catastrophic. The same is also true of serious burn injuries that leaves permanent scarring. Damage to the central nervous system or the brain will usually require an extended period of time to recover, expensive medical treatment, and the realization that full recovery may not be possible. In fact, the victim’s life may never be the same as it was before the accident that was avoidable but for someone else’s negligent actions.

What is a personal injury claim?

When someone acts in a way that is careless or negligent and their action results in harming an innocent person, the victim has the right to recover their damages from the negligent person. This should be a straightforward process, but too often it isn’t because the at-fault party or their insurance company refuses to pay the victim. As a general rule, the more costly the victim’s damages, the more likely they will get pushback for seeking compensation. With the help of a personal injury lawyer, you can file a well-documented and itemized claim that details how the other party was responsible for causing the accident and how you were damaged. As well, the damages will be associated with costs and the settlement amount you expect to receive as a result. A personal injury lawyer will be aggressive in pursuing compensation from the responsible party.

What are considered damages in a personal injury claim?

The nature and amount of damages varies from one claim to the next. Initially, you may not even be aware of your total damages. For instance, you may have suffered an injury that might need surgery or additional treatment in the near future but your physician is taking a wait and see approach for the time being. Filing a claim in that scenario is best done once you have a firm understanding of your total costs associated with the accident. A personal injury lawyer has experience handling cases in which the total damages are not readily apparent. Regardless the circumstances of your case, a law firm will make sure your best interests are protected.

Contact an Attorney

If you suffered a catastrophic injury in an accident caused by someone’s negligence, contact a catastrophic injury lawyer Trenton, NJ offers immediately.

 

Thank you to our friends and contributors at Davis & Brusca for their insight into personal injuries and what is considered a catastrophic injury.

 

Fatal Car Crashes and Wrongful Death Lawsuits

Wrongful Death Lawyer

A victim is killed every 16 minutes in a motor vehicle crash. This means that more than 90 people die each day, 90 families lose a loved one in a fatal car accident.

Many of these tragic crashes have common factors that had they been addressed could have avoided the accidents. Instead, thousands of families are left trying to pick up the pieces – both emotionally and financially – and struggle with the death of their loved one.

Our wrongful death attorneys have worked on countless cases, helping families get the financial justice they deserve for the death of their family member. Some of the common factors we see in the wrongful death car crash cases we handle include the following:

One-Third of Fatal Car Accidents are Alcohol-Related

According to the NHTSA (National Highway Traffic Safety Administration), there are more than 10,000 victims killed in car accidents that involved a driver who had a blood alcohol content that was more than the legal limit of .08 percent.

Most of the Fatal Car Crashes that Happen Occur Close to the Driver’s Home

Multiple studies show that most fatal crashes occur with a five to 15-mile radius of the driver’s home.

Distracted Driving Responsible for More Than 3,000 Fatalities Each Year

More than 3,000 people who die in crashes each year are killed in accidents caused by a distracted driver. The most common distraction that causes fatal crashes is texting and driving. These numbers continue to increase each year, despite the well-known dangerous risks.

The Deadliest Type of Crash Is a Rollover

Rollovers are the deadliest crash types and are responsible for the deaths of more victims than any other type of crash. Although rollover crashes account for less than 5 percent of crashes each year, they are responsible for 30 percent of the total number of fatalities. The reason for the high number of fatalities is caused because victims are more likely to be ejected from the vehicle in a rollover crash compared to other types of accidents. There are also a higher number of victims who suffer injuries to the head, which often results in the victim’s death.

Men Responsible for More Fatal Crashes

Multiple studies have provided conclusive evidence that men are responsible for more fatal crashes than women are. In one study that was conducted over a two-year period, men were the at-fault drivers in 65 percent of the fatal crashes that occurred during the study period.

Contact a Wrongful Death Attorney

Tragically, many car accident victims do not survive the injuries they sustain in car crashes. If you have lost a family member in a car accident caused by another party, contact a wrongful death lawyer discussing what legal options your family may have against the party who cause the crash that killed your loved one.

Thanks to Davis & Brusca, LLC for their insight into personal injury cases and car crashes that lead to a wrongful death.

Types of wrongful death

Wrongful Death Attorney

The loss of a loved one is a sad and sometimes unexpected event in the lives of the surviving family members. When that loss is the result of another person’s actions, it can be downright traumatic. Wrongful death refers to the death of an individual that is a direct result of the negligent or intentional act of another person. When this happens, there are laws in place that are intended to help the family recover damages that were lost with the loved one. Damages such as medical bills, funeral and burial expenses, and lost wages. The following information explores some of the more common causes of wrongful death cases in the United States.

Car accident

Perhaps the leading cause of wrongful death claims is due to car accidents. The annual car accident statistic is in the millions. Of those accidents, at least 30,000 to 40,000 people die as a result. While some of these accidents may be attributed to poorly maintained road conditions and/or weather-related issues the majority are due to human recklessness and negligence. Some examples of negligence are:

Pedestrian accidents

Pedestrian accidents usually occur when a vehicle hits a pedestrian while on a sidewalk or crosswalk. Most often, the cause is distracted driving or driving under the influence. Some pedestrian accidents are caused by obstructed visibility such as in construction zones. In that case, the responsibility may fall on the town, city or county.

Bicycle accidents

Bicyclists and drivers must share a small portion of the road. Accidents most often happen when the individual in the car drives too close to the bicyclist clipping a part of his or her bike and causing the person to crash. Other common causes are when the driver makes a turn without looking and collides with the bicyclist or when a person in a parked car and opens the door without looking to see if the coast is clear. In those instances, the bicyclist may veer into traffic to avoid hitting the door.

Product malfunction

Unfortunately, there are many examples of wrongful death due to product malfunction, despite rigorous demands for the testing of products. Although these can sometimes be complicated cases to prove, the manufacturer should be held responsible.

Medical malpractice

Unfortunately, oversights and mistakes happen even with the most routine medical procedures. When a patient dies either during or after a procedure, wrongful death is often considered. Some examples are:

If you have lost a loved one, and feel you may have a case for wrongful death, seek the guidance of an experienced attorney. You have a legal right to pursue compensation. In doing so, you may hold the responsible party accountable for the tragic mistake that could have been avoided. Negligence claims are often complicated and challenging to prove. It is advised that you contact a wrongful death attorney trusts as soon as possible.

Thanks to The Law Offices of Mark T. Hurt for their insight into personal injury law and types of wrongful death claims.

What Is My Nursing Home Abuse Case Worth?

Best Nursing Home Abuse Lawyer

Nursing home abuses cases are a type of malpractice suit; however, they often include special factors or circumstances that can be sinister for the average person to know about. These cases may involve elderly or disabled people who have been taken advantage of and abused when they are most vulnerable. If you suspect nursing home abuse and need help, please call an attorney for a free case review.

Death From Abuse in a Nursing Home

Sometimes a nursing home resident will lose their life because of abuse, gross negligence, or a criminal act committed by staff or other residents. When a jury hears the details, their emotional response may reflect in the size of the amount of compensation awarded to the plaintiff.

All members of a jury are human and will have a natural tendency to think about what it would be like if their loved one was the person who died, or worse, if they were the victim themselves. This thought may provoke emotions of anger that spill over during deliberations. Known as the guilt factor, this may cause a jury to treat the case differently than other personal injury cases.

A good lawyer should understand this, and for obvious reasons, the defense may do everything they can from keeping these cases out of the courtroom. This is why very few nursing home abuse cases ever make it to trial.

Factors to Consider When Determining the Value of the Case

It is impossible to tell you what your case is worth without knowing the details. In general, a nursing home lawyer may consider the following:

The Jurisdiction Matters

A majority of nursing home laws are federal. This means that the facility must adhere to them regardless of where they are. It will be up to the state to administer the laws and hold an alleged offender responsible.

All states have their own legal procedures for civil cases. This also includes the amount of compensation that may be available, the types of damages that a jury can decide on, and the terms of a settlement. For example, some states have set a cap on damages that can be awarded. This is to prevent a grossly overcompensated nursing home abuse case.

Examples of Past Settlements

Around 95% of all nursing home abuses cases will settle out of court. This means the amount of compensation awarded is private. There are reports that suggest the average settlement is around $100,000 – $250,000. Some past settlements that were made public because they went to trial include:

 

Brain Injury Lawyer FAQ

Brain Injury Lawyer

A brain injury could have the potential to have a lifelong impact on the victim and their loved one. Even when this results, the insurance company will likely try to avoid paying out the full amount of compensation. As such, the victim may be responsible for having to cover some of the costs, especially those that may have been unforeseeable at the time of a settlement.

Thankfully, you are not forced to fighting the insurance company on your own. As a brain injury lawyer, our firm handles a broad range of cases; varying in their complexities. On behalf of our clients, we will be ready to demand a fair and just compensation for a brain injury. Rest assured, we don’t only consider the losses you have already experienced, but also those that may occur well into the future.

If you have suffered from a brain injury and are wondering whether or not you should retain a brain injury lawyer, please read the following.

Even a Mild Injury Can Alter Your Life

When a doctor assesses a brain injury they will be looking out for signs that may indicate something serious or life-threatening. What they may not asses right away is the impact the injury could have on the victim’s daily functioning. For example, rather than factoring in the severity of your headaches or change in personality, a doctor may remain focused on whether or not you need immediate surgery or other treatments.

Doctors will use diagnostic scales to classify the brain injury. Loss of consciousness or your ability to respond to sounds, lights, or stimulation, as well as, the results of MRIs or CT scans will help to diagnose the severity of the injury.

However, microtraumas could also be present and these can cause severe symptoms and life-changing consequences. A good brain injury lawyer may help to determine whether or not these things are present, and if they are, they should be included in the claim that is to be presented to the insurance company.

Mild Brain Injuries Could Lead To:

Most people who suffer from symptoms such as those above will find that they improve with time. However, between 15 and 25 percent, it may take years, even a lifetime, for them to go away. Because insurance companies have a tendency to emphasize a “mild” injury as being “mild” and “not serious”, you could find that any related treatment you need because of these symptoms will not be covered.

As a brain injury lawyer, we know the tactics used by insurance companies and have successfully fought for victims who have suffered a mild to severe or fatal brain injury.

If you would like to learn more about the potential consequences of a mild brain injury, or would like to discuss your case, please call a brain injury lawyer, today.

 

How Is A Deposition Defined By Law?

Personal Injury Lawyer

After assessing an injury case, our personal injury lawyer will consider whether or not it will be necessary to pursue depositions. This is an aspect of civil litigation that injury victims are often not familiar with, in large part because they are often not included in police procedural shows that are popular on television. However, depositions are very important because they include peoples’ testimony that can be critical to showing why a defendant is liable for the plaintiff’s damages. Attorneys believe it is important for their clients to understand the legal process as it affects their case and to feel empowered about making important decisions that might affect their future. Every personal injury lawyer at our firm shares this perspective, and we welcome questions and concerns voiced by those whose best interests we are sworn to protect. If you suffered a terrible injury in an accident, contact us to learn if you have grounds to seek compensation from the liable party. We do not charge for that first meeting, and the information you share with our personal injury lawyer will be held in the strictest of confidence.

How is a deposition defined by law?

A deposition is the oral questioning by a personal injury lawyer of a witness who swears under oath to tell the truth, the whole truth, and nothing but the truth. This is much like on a witness stand during a trial, but depositions take place before the trial begins. It is a legal proceeding, and what is discussed can and will be brought up later in court one or the other personal injury lawyer.

What happens during the deposition?

The person answering questions asked by the personal injury lawyer who called for the deposition is known as the witness. The process is considered a direct examination. In addition:

What are deposition transcripts?

The deposition transcript is generated by a court reporter. In a personal injury lawsuit, because it’s a civil proceeding, the transcript can be used in discovery. Discovery is the mutual sharing of information between the lawyers who represent both sides of the case. The deposition transcripts can also be used by either personal injury lawyer to support the motions that they raise in court.

 

Rear-End Motor Vehicle Accident Injuries

Car Accident Attorney DeKalb County, GA

When you are a victim of a car accident, there will likely be both property damage and bodily injuries. It is always expected to sustain some sort of injury when you are involved in a motor vehicle accident. While the extremities of said injuries may vary, rear-end motor vehicle accidents can cause a plethora of bodily injury types. A rear-end accident is caused by one vehicle striking the rear end of another. Although all injuries do not appear immediately, it is good to know what type of injury can be expected should you or someone you know become involved in a rear-end automobile accident.

Whiplash may be the most common injury someone will suffer in a rear-end car accident. The eminent force that comes from being struck in the back and sprung forward unexpectedly can easily cause tension in the neck and upper back area. Unfortunately, no matter the speed of the other vehicle, or impact of the crash whiplash is likely to be an injury almost anyone in any area of the car can suffer.

An injury that is far more extreme but also very common in a rear-end car accident are facial defects. The force coming from a car, especially at extreme speed cannot only cause whiplash, but in that sudden jerking motion, your face can strike anything in front of you. This may be the steering wheel, the dashboard, or even the headrest of the seat in front of you. Depending on where you are in the vehicle, and the force of the crash, it is possible to suffer a broken jaw, nose, and even lose a few teeth. All of these injuries require surgery.

No matter the extent of the injuries you or your passengers may suffer when involved in a rear-end motor vehicle accident, if you are not liable for the wreck, you should seek financial compensation for this unexpected curveball life has thrown you. Medical bills can be extremely overwhelming, especially while getting through the physical trauma caused by the automobile accident. You do not have to take on this load alone.

In Georgia, in most cases, if you are not the one who caused the accident then you have a legal right to recover financial damages. In other words, the person who is at fault for the accident is the one who pays for the effects of the accident. Any loss that you suffer due to the rear-end accident can be recovered by speaking with a skilled car accident attorney DeKalb County, GA relies on and pursuing a personal injury claim. If you or someone you know has suffered from a rear-end motor vehicle accident, speak with an attorney as soon as possible.

Contact Andrew R. Lynch, P.C. for their insight into personal injury cases and rear-end car accidents.

Tips for Driving in Heavy Traffic

Car Accident Lawyer

Those who live in heavily populated areas are well aware of the frustrations that come with heavy traffic. Heavy congestion on highways due to the high density of vehicles on the road are a normal occurrence during commuter hours. In fact, one of the most prevalent times for accidents to occur is during the commute ride home or, between the hours of 6PM-9PM. After work, commuters are racing home to make their afternoon and evening commitments. It’s no wonder the late afternoon hours are a time of day in which accidents are most likely to occur. Here are some tips drivers should adhere to when driving in heavy traffic areas:

Tip #1 Avoid Distracted Driving

According to reports from the NHTSA, distracted driving accounted for 3,400 fatalities in 2016 alone. When driving during rush hour, or in heavily congested areas, it’s important to reduce the number of distractions in the car. Traffic patterns, especially during rush hour can change in the blink of an eye. Before you realize it, traffic can come to a standing halt. Texting, handling your phone, or changing the radio station can cause your attention to be elsewhere.

Tip #2 Refrain From Aggressive Driving

Traffic can be incredibly frustrating, especially when stuck in traffic while in the process of trying to get home. Because of this, it can be easy to drive aggressively by cutting other drivers off or weaving in and out of traffic. Although driving this way may seem as though you are getting yourself to your destination faster, you are really only creating more problems with the flow of traffic and putting yourself at higher risk for an accident.

Tip #3 Keep a Safe Distance

It can be tempting to follow closely behind the vehicles ahead of you in efforts to inch closer down the interstate. Despite the temptation, it’s important to keep a safe distance from the cars ahead of you. Traffic can come to a sudden stop, making it difficult to stop in time. Additionally, stopping too quickly can result in a car behind you to strike the vehicle from behind. The most common rule of thumb is to keep yourself at least a three-second distance from drivers ahead of you.

Tip #4 Reduce Your Speed

Although traffic may be moving, albeit slowly, keep your speed at a reduced rate. The speed limit may indicate that you can drive 55 mph, but the traffic may not allow for it. Reducing your speed during heavily congested times is key. Doing so can give drivers the ability to quickly and appropriately respond when faced with traffic suddenly stopping or another vehicle pulling in front of you.

Tip #5 Look Ahead

Keep your eyes on the road, carefully paying attention to traffic patterns. Watching the traffic ahead, can help you to anticipate how you should be operating your vehicle. Observing brake lights ahead can be a good indicator that traffic may be coming to a halt ahead. This can provide you with plenty of time to reduce your speed or respond quickly.

More cars on the road have the ability to equate to a higher rate of accidents. Although there are certainly ways drivers can maneuver vehicles when faced with heavy traffic, sometimes, there is no way to avoid an accident. If you have experienced an accident, and believe the other driver was to blame, it may be a good idea to contact a car accident lawyer for their guidance. After a review of your case, they may be able to help in obtaining the compensation you deserve.

Thank you to our friends and contributors at Hickey & Turim, SC for their insight into car accident cases and tips for driving in heavy traffic.