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Fatal Hit and Run Drivers Rarely Serve Jail Time

Car Accident Attorney

One case making headlines has shed light on the many examples of hit-and-run drivers in fatal accidents who are not receiving jail sentences as a result of their actions (https://abcnews.go.com/US/hit-run-drivers-kill-people-jail-time-rarely/story?id=61845988).

In December 2016, 29-year-old Kevin Ozoria of New York City struck and killed Jean Paul Guerrero, a local DJ for a popular station in the area. He did not turn himself into the police until days later, and he was not placed under formal arrest until almost a year later.

According to ABC News, Ozoria was charged with leaving a fatal accident, which carried a sentence of up to seven years in prison, and he was also charged with tampering because he attempted to have his damaged car repaired at an auto shop. He’s now expected to only serve five years of probation after admitting his role in the fatal accident.

Unfortunately, a lack of jail time for hit-and-run drivers involved in fatal accidents is not uncommon. Many in the legal and advocacy communities are aggravated by the prevalence of plea deals in these types of cases. In fact, in Ozoria’s case, he was first offered a plea deal that included jail time, but he turned it down. Then, he was presented with another deal that removed the jail time and added court conditions, which included 100 hours of community service and five years of probation. He can, however, be sentenced with the maximum term if he fails to adhere to the plea terms.

In the State of New York, Senator Patrick Gallivan is working on closing the loophole that is allowing for what many feel are softer sentences in fatal hit-and-runs. He is currently the sponsor of a bill in the state’s legislature that would strengthen the punishment for hit-and-run offenses. It would also add a public alert system to help get the public more involved in stopping hit-and-run accidents.

Hit-and-run alert systems were first introduced in the country in 2014 in Colorado, with the Medina Alert. This works like the Amber Alert and was named after hit-and-run victim Jose Medina, whose killer was found and arrested after a witness who saw the incident followed the driver and alerted police. The City of Los Angeles started a similar alert system in 2015.

In 48 states, hit-and-run accident penalties for those cases involving death or serious injury vary widely, ranging from community service to jail time. In the State of California, a driver in a fatal hit-and-run accident can be facing up to four years in jail. However, the outcomes of cases there vary, with some drivers receiving jail time while others end up with probation. Lawmakers in that state have also recently proposed a bill to make the penalties for hit-and-run drivers involving deaths more severe.

Washington, D.C. and Alaska do not currently have a specific law for fatal hit-and-run drivers.

Paternity Issues

Personal Injury Lawyer

Just because a man’s name is listed on the baby’s birth certificate as the child’s father, legally this does not establish paternity. Interestingly enough, a woman can list anyone she wants or believes to be, the father. In addition, a DNA test is not the singular way to determine paternity. There are several other ways that can be used to establish paternity. Speak with an experienced family law attorney if you are seeking to establish paternity or have questions about your legal obligations to a child and what the specific laws are in your state. See below to find out ways to establish paternity and the significance of each method.

Paternity that is assumed voluntarily

There are many circumstances where paternity is assumed:

Because it takes more than a name on a birth certificate or a blood test to determine paternity, an unmarried father should recognize his paternity using one of the above reasons. If he does not, he runs the risk of losing his parental rights to another man who desires to become the presumed father of the child.

Involuntary Paternity

If the mother chooses to file a lawsuit against the presumed father, the father is required to go to court and possibly submit to a DNA test. Paternity is established through genetic blood tests with a 99 percent accuracy. If he is proved to be the father, the court will issue an order concerning the paternity of the father and he will be forced to pay child support.

What is the legal significance of determining paternity?

Paternity significance for the father

If it is legally established that the man is the father, he will be obligated for his portion of support and responsibility. If he does not step up, the a successful paternity suit will force him to do so. If a father claims paternity he also gets custody and visitation rights with the child. If the child is born out of wedlock and the mother wishes to put the baby up for adoption, she will not be able to do so if the father, after asserting paternity, does not give consent.

Paternity significance for the mother

Paternity may determine some sort of secure financial support from the father. In addition, the mother may have to share custody or allow him visitation rights.

When Everyday Accidents Turn Into a Personal Injury Case

Personal Injury Attorney

While no one expects to go about their day and get injured, it can happen. Accidents can come as a shock, since they often arise suddenly and without much time to react. What turns an accident into a potential personal injury lawsuit, is if another party had contributed to the incident either due to negligence or thoughtless actions. If the victims feels that someone else was at-fault, they may be confused, angry, and unsure how to respond. If you or someone you love is in such a predicament, it can help to get advice from a legal professional in your area about what to do next.

Q: What are common questions people have about personal injury cases?

A: When talking with an attorney, victims of personal injury accidents can be understandably emotional and stressed. Some of the most common questions victims ask are related to whether they have a reason for a lawsuit, how much it may cost to take legal action, and how much they may be entitled to receive. It is important to understand one’s legal rights in such a situation, so hopefully the victim can get the financial support he or she requires to heal from the incident.

Q: How should I respond immediately after a personal injury accident?

A: Call 9-1-1 for help if you may have suffered an injury due to the accident. Keep in mind that not all injuries present themselves right away. So, it may be best to call for help even if you feel reasonably okay. An officer can arrive to support the scene, along with writing up a police report of what happened. This police report can be an influential piece of evidence in your personal injury lawsuit, as it contains key facts about the event. Additionally, by calling 9-1-1 you can get a medical evaluation by an emergency team. If they feel it is best that you go to the hospital for treatment, then they can get you there quickly.

Q: Should I photograph the scene and gather witness statements?

A: If you were rushed to the hospital for serious injuries, then it is highly unlikely you were able to grab a camera or cell phone and take pictures of the scene. If this is the case, then the officer may have captured photographs instead. But, if you are of stable health then it is ideal for you to take pictures of everything related to the accident and your visible injuries before leaving. If there are bystanders who came over to help, don’t be shy to ask for their name and contact for a statement later on.

Q: I heard it can help to have an “injury journal” after the accident. Is that true?

A: Yes, keep a journal that lists any instances in which you experienced symptoms aside from the obvious physical injury. For example, you can write about how many hours of sleep you lost, feelings of anxiety, a sense of fear, etc. When fighting for a compensation amount that is fair, one of the Auto Accident Lawyers can also bring forward evidence about how you were mentally and emotionally impacted by the incident as well.

 

Compensation for Personal Injuries Suffered in a Physical Altercation

Personal Injury Attorney

Americans, in general, love their sports. Many flock to bars, stadiums, and arenas to watch their favorite teams, but the combination of alcohol, tension, and competing team loyalties can lead to verbal and even physical altercations. People often lose sight of the fact that there exists no perceived slight or indignity relating to an event in the sports world that is grounds for assaulting another person. When flared tensions produce personal injuries or even emotional distress in some instances, there are consequences – in both the state’s criminal courts, and if a personal injury victim so choose, civil courts.

If you have been injured in a physical altercation in a bar or restaurant, whether as an intended victim or mere bystander, you possess the legal right to hold the at-fault party responsible for the harms that you have suffered. Attorneys have helped countless numbers of victims recover damages after they were assaulted. A personal injury attorney from a law firm can help obtain financial compensation for medical expenses, lost wages, and other losses a victim suffers while recovering from their injuries.

Battery Is Both a Crime and a Tort

Physical violence has long been codified into criminal and civil law. In the common law (the antecedent to American law), the tort of battery is a “harmful or offensive” intentional contact. Examples include a shove, punch, kick, grab, and inappropriate sexual contact (e.g. fondling). Importantly, in the context of battery in a bar or restaurant, the legal doctrine of “transferred intent” allows for liability for harm intended by a tortfeasor to one person to be transferred when another person (rather than intended victim) is harmed.

To make this legally dense terminology less abstract, imagine the scenario when, as a verbal dispute escalates, a punch is thrown by one man at another. Now imagine that the punch misses the intended victim and instead lands, viciously, on the face of an innocent bystander standing slightly to the left of the intended victim. The attacker might attempt to argue that he did not mean to punch the bystander. Under tort law, however, the doctrine of transferred intent steps in, treating the issue of intent broadly and generally (simple volition) and thereby holding the attacker liable for even inaccurate violence.

Types of Compensation Available to Battery Victims

On the criminal side, when a bar fight causes serious injuries, the batterer may be charged with the crime of battery causing serious bodily injury. Criminal punishment, however, is not the only consequence. The personal injury victim may seek legal damages for medical bills, pain and suffering, lost income due to missed work, and other losses.

If you have suffered personal injuries from the physical violence of another, rely on an experienced personal injury lawyer to assert your legal rights. Call a lawyer today for a confidential consultation to find out how they can help.

 

 

Causes of Misdiagnoses

Medical Malpractice Lawyer

A misdiagnosis is one of the most common types of medical malpractice and can result in injury or even death to a patient. If a doctor diagnoses a patient with the wrong condition, the patient will take the wrong treatment and the actual disease can continue to progress. Finding out that you have been wrongly diagnosed by a medical professional can be devastating. It’s important to talk about your legal options with a medical malpractice lawyer.

Here are some of the most common causes of misdiagnoses.

Failure to Order the Proper Testing

Medical tests are typically the most effective way to properly diagnose various health conditions. Doctors generally order tests based on the symptoms a patient is experiencing. However, the actual disease a patient has can be missed if the doctor only orders tests based on just the symptoms the patient is describing. It’s a good idea for a doctor to always order multiple tests to make the correct diagnosis

Symptoms Are Similar to Other Conditions

Unfortunately, there are many health conditions out there that have very similar symptoms. This can confuse doctors and cause them to make the wrong diagnosis. For example, fibromyalgia commonly gets misdiagnosed as chronic fatigue syndrome and rheumatoid arthritis. If a doctor believes that a patient has a minor condition, they may not do any further testing. The patient could turn out to have a much more serious condition. Once the patient finds out their true condition, it may be too late for treatment.

Improper Training for Advanced Diseases

There are countless medical conditions that can affect people and not all doctors are aware of all the rare and advanced diseases out there. They might confuse the symptoms of a rare disease with a more common medical condition. It’s important for doctors to continuously educate themselves about all the different diseases out there to reduce the chances of misdiagnosing someone.

Doctor May Be Overworked or Fatigued

Being in the medical field can be incredibly demanding and tiring. Many doctors are overworked and complain of fatigue. Unfortunately, when a doctor is overworked, they are unable to concentrate as well and can are more likely to make serious mistakes. It’s vital for doctors to take proper breaks throughout the day and get enough sleep to avoid becoming too fatigued.

Consulting With a Medical Malpractice Lawyer

If you’ve recently been misdiagnosed, you should speak to an experienced medical malpractice lawyer as soon as possible. An attorney can understand how terrifying it can be to get diagnosed with the wrong condition and want to help you get justice. Attorneys have helped many medical malpractice victims receive compensation in the past and possess the knowledge and skills to guide you through this difficult time. Lawyers will review your case, help you gather evidence, negotiate with insurance companies and ensure your legal rights are protected.

 

What Physical and Mental Abuse Looks Like in a Nursing Home

Personal Injury Attorney

Relatives of a senior loved one may at one point realize that placing him or her into a nursing home facility is the only way to provide around-the-clock care. Not all families have the time and space to tend to an aging loved one to the extent that he or she needs. Before placing a relative into a nursing home, perform thorough research on a prospective facility and any past lawsuits. It is estimated that one in every three nursing home facilities have had infractions related to abuse or neglect. There is a chance that your senior relative is at-risk for suffering from mistreatment.

If you suspect that abuse or neglect has happened to your senior relative who is currently in a nursing home, please contact an attorney immediately. When concerned family members meet with us, one of their first questions is how to tell if mistreatment is actually happening. This is what physical and mental abuse in a nursing home may look like:

Unexplained and Mysterious Marks

When visiting your loved one, we encourage family members to examine their senior relative as long as he or she is comfortable. Areas where abuse is more likely to be inflicted are those not readily visible, such as the back, feet, upper thighs, abdomen and underarms. Your relative may have wounds from overuse of restraints, bruises from assault, or other marks that go unexplained. If you inquire with staff about how these marks happened and no one can provide an answer (including your loved one), it may be time to call an attorney for help.

Appearing Unkempt and Malnourished

Staff members who become frustrated with senior residents, may intentionally fail to provide three meals a day, administer necessary medications, offer vitamins, and anything else related to health. Additionally, caregivers may leave a resident with dirty blankets or soiled clothing for an extended period of time.

In some cases, a resident that was diagnosed with a certain illness may have symptoms related to appearing weak or losing weight. However, if this is not true for your relative then please consider investigating further. An attorney can offer advice on how to do this in such a way that is discreet, yet preparing for a lawsuit if needed.

Behavior and Mood Changes

If your loved one showed up to a nursing home in relatively positive spirits and has since become withdrawn, frightened, anxious, depressed, or on-edge, do not take these changes lightly. Keep in mind that many senior loved ones may go through difficulties while transitioning into a nursing home environment. But, it is important to make sure he or she is receiving support and that abuse or neglect is not actually the root cause of personality changes.

If any of this information applies to your elderly loved one’s situation, please call for a consultation with a personal injury lawyer offers. They can understand that this may seem like an overwhelming process, but can guide you every step of the way as you seek justice for your relative.

 

Which Property is Probate Property?

Estate Lawyer

Probate property may be a term you’ve heard a few times. But what does it really mean? Let’s break it down. To understand the term probate property, you must first understand probate.

What is Probate?

Probate is the court-supervised process of proving the validity of a Will. When someone dies and they leave a Will behind, the court must determine the Will is valid. Once it is verified, the desires and the instructions of the deceased may be carried out by an appointed Executor (also known as a Personal Representative).  This usually involves distributing the deceased’s property to the people specified to inherit it in the Will.

If someone dies without a Will, their properties and assets must still go through probate before it can be distributed to the heirs. This is called an Intestate Probate. There is no need to prove the validity of any estate planning documents, but there is a need to clarify the succession of heirs for the court. Each state has a different “intestate succession” laws, but usually the order is as follows:

spouse à children à parents à parent’s descendants (siblings)à grandparentsà the state

Probate Property

Any property being distributed via the probate process is probate property. This can apply to both real and personal properties. This does not mean, however, that each of Grandma’s porcelain figurines will be going through probate. Most states have laws and dollar limits on what qualifies a property or asset to go through probate. Think big-ticket items, like the following assets:

Exception: if the above assets are held jointly, for example with a spouse, then often that property passes directly to the spouse, no probate needed.

Non-Probate Property

Luckily, many assets are not subject to probate if precautionary steps are taken. For example, bank accounts, life insurance policies, and retirement accounts usually have Payable-On-Death (POD) beneficiary designations. This means that you can formally designate the beneficiary of that account while you are still alive. Upon your death, that asset will pass directly to the beneficiary you named, instead of being subject to probate.

Do you need Probate?

Probate gets a bad rap because it can be expensive, stressful, and time-consuming. The good news is that there are ways to set up your estate to avoid probate as much as possible.

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, LLC for their insight into personal injuries and what is considered a catastrophic injury.