Tips For Dealing With Personal Injuries And The Laws That Surround Them

Being injured is never fun, regardless of whether your injuries are minor or life-threatening. If you have been injured and it was not your fault, the other party should take responsibility. It isn’t necessarily simple to achieve, though. This article below can help you better deal with your personal injury case.

Make sure that you hire an attorney that specializes in personal injury law. There are lawyers out there who practice several types of law. It is in your best interest to find one who only practices this type of law. It will increase your chances of success since your attorney will know exactly what he is doing.

Examine all forms closely before filing to avoid potential delays. One typo or incorrectly filled out area of a form can have an impact on your case. According to the website of Tennessee injury lawyers Pohl & Berk, LLP, it’s a good idea to read all documents thoroughly, including the fine print, before turning them in. Check that all names are correctly spelled, and all dates are accurate. Make sure you also keep copies of every document for yourself. The sheer number of documents and information you’d need to keep track of can be staggering, but with enough effort, it can be done.

If none of your friends or family members have been through a personal injury case, search the Internet for valuable information about personal injury attorneys. There are many organizations and forums that rate lawyers based upon client reviews. These sites can be a gold mine of useful information and show you the attorney’s track record for winning personal injury lawsuits.

When choosing a personal injury lawyer, pay special attention to the size of their firm. Generally, larger firms mean that more than one lawyer may work on your case. These are usually Associate Attorneys who are trying to gain some legal experience, while having a senior attorney oversee and make the final decisions. Smaller firms can usually provide better management by having fewer people working on a case. Feel free to ask if other attorneys will be working on your case in any firm you’re interested in.

Being the victim of someone else’s negligence can have catastrophic consequences on your life. Use the information here to make the injury easier to bear. When you are not to blame, there is no reason why you should not receive compensation for your financial, physical and emotional injuries.

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Breathalyzer Inaccuracy

BreathalyzerBreathalyzer tests are, to date, the most common form of chemical testing available for determining whether or not a driver is operating a vehicle under the influence of alcohol. This is largely because they are fairly easy to use. Unfortunately, breathalyzer devices have also been shown to have a number of significant design flaws which, over time, can contribute to inaccurate results that, if left uncontested, can put an innocent person behind bars.

There are a wide number of different factors which can lead to inaccurate breathalyzer results. One of the most common is machine calibration – if the calibration formula is off, the results will be as well. Another issue that breathalyzers may have is overreporting results for individuals who have just recently had a drink, as their breath alcohol volume is likely much higher than their blood alcohol volume. Other issues include sensitivity to ambient temperatures, false positives caused by ingestion of foods containing alcohol substances (such as salad dressing), and inaccuracies based on different weights. Most drunk driving defense lawyers know about these factors and use them to defend clients in DUI or DWI cases. For these reasons, some police departments have begun to use the more accurate blood analysis test. If you believe that you have been wrongful charged with a DUI or DWI due to a defective breathalyzer, contact a DUI defense lawyer today.

There is a stigma that comes along with being charged with a DUI or DWI. Charges like these make it hard to get a job, buy a house and apply for a loan. In order to avoid the stigma associated with a DUI or DWI, you might consider expunction, which can remove the criminal charge from your record. To learn more, contact an expunction lawyer today.

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What is Dram Shop Liability?

preventing drunk drivingA dram is a small unit of liquid that was often used to measure out alcoholic beverages. Dram shop is a catch-all term used to describe businesses that serve alcohol. There are many laws surrounding the legal sale and consumption of alcoholic beverages. One of the more complicated legal concepts pertaining to alcohol is dram shop liability.

When an establishment serves alcohol, it can be held accountable for the intoxicated behavior of its patrons. This liability extends beyond the walls of the shop, meaning that bars can be held accountable for damages that arise from automobile accidents that are caused by their intoxicated customers after they leave the establishment.

Primarily, dram shop laws have been put in effect to prevent bars and similar businesses from over-serving their patrons. Patrons have to get home from the bar somehow, and many choose to drive themselves. Putting the liability of a customer’s drunkenness in the hands of the bars means they will not serve a person so much alcohol that they are noticeably and dangerously drunk when they leave, making them less likely to be in a drunk driving accident.

While it may seem unfair that these laws limit a bar’s business, it is more unfair for them to profit from overselling alcohol to intoxicated individuals who may be a danger to themselves or other people.

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What is Disulfiram?

In 1948, a group of Danish researchers found, by accident, a new use for a chemical that had been first discovered not too long before. The scientists stumbled upon the anti-alcohol effects of a substance called disulfiram. Since then, disulfiram has been used as a sort of treatment, alongside counseling, for chronic alcoholism.

Disulfiram, commonly sold under the names Antabuse and Antabus, causes the body to react to alcohol consumption differently than it normally would. The drug blocks the enzyme that breaks down partially-metabolized alcohol, causing it to stay in a form that does not work well with the rest of a person’s body.

The result is individuals who are on disulfiram and later go on to consume alcohol experience acute hangover symptoms almost immediately. This includes headaches, nausea, confusion, and vomiting. These symptoms can present themselves from any form of ingested alcohol, even cooking alcohol.

drug causes hangover symptomsSometimes, disulfiram treatments are imposed on individuals who have several DUI convictions. Forcing an individual to take a drug as a punishment is ethically questionable, but if you are in a situation where you could be obligated to take this drug, a lawyer can help you fight the charges against you or have the punishments altered.

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Fighting DUI Charges

Being pulled over by the police is nearly always a nervous experience, especially if they are under the suspicion that you are driving while under the influence of an intoxicant. A DUI conviction can have serious consequences, so it’s important to fight the accusation aggressively.

dui chargesEven though everyone’s case will be different, there are a handful of general defense strategies an individual can use to combat DUI charges. One of the most common defenses is to question the validity of the on-site examinations the police used to determine the defendant’s level of intoxication. Some of the problems with breathalyzers include:

  • They are subject to radio interference
  • The machine must be properly calibrated
  • The officer must administer the test correctly
  • They sometimes register other chemical compounds as alcohol

Field sobriety tests also have their shortcomings, since the way they are administered depends heavily on an individual officer’s perception of your behavior. If you are able to prove in court that there was in error in the sobriety test, you can have the charges against you dropped.

Defending against a DUI charge is not easy and the help of someone who is familiar with alcohol laws and legal defenses can prove invaluable in court.

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DWIs and Your Record in Texas

Driving under the influence or driving while intoxicated charges and convictions can have a serious impact on every area of your life. In many cases, a DWI conviction not only costs you thousands of dollars in court fees, but it can also impact your education opportunities or career.

Understanding how driving under the influence charges and convictions impact your record is extremely important. And while multiple convictions could stay on your record for a very long time, with the help of a DUI lawyer, you may be able to keep these charges or convictions off your record or lessen the severity of your sentencing.

The state of Texas has very strict laws and penalties in regards to DWI convictions. The same goes for DWIs drastically affecting one’s record. Before recent changes to the law, a person could have a DWI expunged from his or her record after a 10-year period if he or she did not have any additional offenses. Unfortunately, that law has changed.

Now, Texas law states that DWI convictions cannot be removed from one’s record for any reason. This is the case whether you have had only one or multiple convictions. In fact, past DWI convictions only affect the severity of penalties with future convictions.

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Parked Car DUI

Although many drivers may not realize this until it’s too late, intoxicated drivers may be arrested on DUI charges even if they aren’t actually driving their vehicle. Commonly known as a parked car DUI, police officers may arrest drunk drivers for indicating their intention to drive their car while intoxicated. DUI arrests are made according to a legal principle known as physical control, in which a driver may be considered, for legal purposes, violating DUI laws even if they aren’t actually operating the vehicle. As long as they’re in physical control of the vehicle while intoxicated, they may be arrested.

What Are The Limits of Physical Control?

According to the law, DUI arrests may be made at any point in which a driver is both intoxicated and has physical control over the vehicle. For the intents of the law, physical control may be extended to include drivers sleeping in the back seat, resting on the hood or trunk of the car’s exterior, or waiting inside a parked vehicle without the immediate intention to drive. There are only a few instances in which a driver may be inside or on their vehicle while intoxicated and manage to give up physical control. Even in these instances, the court may dispute a defendant’s claims.

In some cases, drivers may avoid DUI allegations by storing their keys in an inaccessible compartment while they’re inside the vehicle. For example, a driver asleep in the back seat with their keys in the glove compartment may have sufficiently separated themselves from their means of controlling the vehicle to convince the court that they weren’t in physical control. Similarly, putting keys in the trunk may be enough to clearly show that the driver didn’t have physical control.

If a person gives their keys to someone else, such as a friend, who isn’t in the car while the intoxicated driver is, that driver may have also given up physical control. Without any means to actually operate the vehicle, a driver can’t physically control it.

How Can a Driver Dispute a Parked Car DUI?

Drivers charged with DUIs while their vehicles are parked may have a few important defense options. If they want to fight these charges, they may be able to cite a significant separation between themselves and their keys. As described before, if a driver doesn’t have immediate access to their keys, they may not be considered in physical control of the vehicle, and aren’t breaking DUI laws as a result. A DUI lawyer may be able to help argue this defense.

If a driver wants to consider a plea bargain, a parked car DUI may be considered significantly less serious as an offense. This means that some prosecutors may be much more willing to reduce charges with an admission of guilt. Working with a DUI attorney, a defendant may be able to argue for a substantial reduction of major penalties and may even be able retain their license.

In any scenario, a defendant may want to think carefully about working with a DUI lawyer for their defense case. Parked car DUIs are still the same powerful criminal allegations as DUIs on the road, and may come with extremely detrimental penalties if a defendant is convicted.

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How a DUI Can Affect Academic Opportunities

Many young adults work hard throughout their academic career to get into a school with a strong program in their chosen field of study, often with the hopes of securing a job in their desired profession. However, these dreams can be quickly swept aside with a single DUI conviction. Many universities look very harshly on serious criminal violations among their students, potentially resulting in the loss of academic opportunities or the outright expulsion from the school. The consequences of a drunk driving conviction can be devastating for a student with high aspirations.

Loss of Academic Standing in a University

For many students, there are certain expectations established by the university and by the department that student studies under. If either of these institutions has stringent rules about criminal violations, a student may be punished accordingly. For particularly specialized or competitive departments, such as those used to propel students into law school or medical school, a DUI conviction may result in the student’s expulsion from the department. In these situations, the university may not necessarily expel the student, but they may lose their desired opportunities in their department.

Loss of Scholarships

Scholarships are crucial for many students to afford the high costs of tuition, university fees, room and board, food, and materials. However, students convicted of DUI charges may lose their opportunity to compete for many scholarships, which are often based off a student’s academic and personal merits. A drunk driving conviction may speak poorly for a student’s personal character, making them a much less likely candidate to receive a scholarship.

Similarly, students already granted scholarships for a semester or more may lose their funding if their scholarship providers find out about a DUI conviction. Losing a scholarship may prove financially catastrophic, and may result in the student being forced to leave the school due to the excessive costs involved.

Loss of Admissions Opportunities

For prospective students, a drunk driving conviction may ruin their chances of getting into a particular university. Many universities hold high ethical standards for their student body, and have competitive enough admissions standards to reject candidates with previous criminal records.

How Can a Defendant Protect Their Academic Future?

If a student or prospective student is facing a drunk driving charge, they may want to closely consider the range of criminal defense options available to them. With the help of an experienced DUI attorney, a defendant may be able to fight these charges and protect their good name.

On the other hand, a defendant may also be able to work towards securing a favorable plea bargain and the reduction of their criminal allegations. While a drunk driving conviction may be extremely damaging for a student’s prospects, a reduced charge of reckless driving may not be quite as poorly received by an educational institution. A DUI lawyer may be able to help a defendant work through the process of fighting for a fair and favorable plea bargain from a determined criminal prosecution.

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Supreme Danger

The Supreme Court of the United States has recently taken up a case from Missouri which has the possibility to significantly reduce privacy rights of motorists in the United States. The case involves a man from Missouri who was stopped by a police officer late one night on suspicion of driving drunk. While he was placed under arrest, he refused to submit to a breathalyzer or blood test, citing his constitutional right to refuse a search without a warrant. The officer nevertheless pressed onward with a blood test, forced on the individual without his consent or the legal authority to do so, because, according to the officer, it would have been to difficult to obtain a warrant at that time.

The issue which the Supreme Court must now decide is whether or not such an action on the part of the officer is allowable under the protections afforded by the Bill of Rights. There is precedent for officers in such situations being given permission to proceed with blood tests without a warrant, but to this point, that has been limited to very particular circumstances, whereas this case leaves open the possibility that any police officer who has probable cause to assume an individual is driving while drunk and does not believe that they can get the necessary warrant in time may force the individual to submit to a test without their consent. Such an expansion of police powers would be a considerable blow to individual liberties, considering the broad latitude which the standard of “probable cause” provides to law enforcement officials. Those who have been subject to chemical testing in these types of conditions should pursue the assistance of a DUI attorney to receive appropriate representation against overzealous law enforcement.

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Holiday Season DUIs

Over the holiday season, millions of Americans participate in festivities to celebrate this special time of year. Unfortunately, this can put the lives and safety of others at risk as many people choose to drink more often and in larger quantities. As a result, during the holidays accidents caused by drunk drivers spike, often resulting in serious injuries to all those involved in the accident. Fortunately, DUI accident victims may be able to seek compensation for the injuries, pain, suffering, and losses that they suffer at the hands of a drunk driver.

If you or someone you know has been injured in a drunk driving accident, you may be entitled to take legal action against the party or parties who caused your suffering. Because of the high costs that many of the consequences of a DUI accident may cause, laws throughout the country allow accident injury victims to pursue compensation for their pain and suffering.Hach & Rose, LLP

DUI Accident Injuries

Injuries caused by drunk drivers are often extremely serious. Some of the most common DUI accident injuries include the following:

* Broken bones
* Whiplash
* Internal organ damage
* Spinal cord injuries
* Traumatic head injuries

These and other DUI accident injuries can have devastating consequences for those who suffer in them, not to mention their families. However, no one should have to pay for the consequences of a drunk driver’s reckless decisions on their own. Thus, if you have been the victim of a DUI accident, you should contact a personal injury lawyer to discuss the details of your case and learn more about your legal rights and options when a drunk driver has caused you and your family to suffer after an accident. An attorney can help you understand what you may be able to do to get the justice you deserve in this difficult situation.

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