How An Injury Lawyer Can Help Maximize Your Compensation

January 20th, 2015

The most important first step when facing an injury situation is to preserve the evidence. Before even meeting with an injury lawyer, ensure all physical and emotional tolls are well-documented and clear so it’s possible to determine the highest amount of compensation for them. Take notes and photos so nothing is forgotten or overlooked as the process gets underway. Look into getting copies of medical records, copies of police records, bills from medical providers and other official documentation that will ultimately help the injury lawyer on the case determine if a win is the likely outcome from a case.

Once the materials are gathered and assessed, find out if an injury qualifies for compensation. In the workplace, most employers are required to carry workers’ compensation insurance, so employees who sustain work-related injuries can recover lost wages and damages. It’s crucial to have the situation assessed objectively and determine what compensation is due for a particular injury sustained under such conditions. The injuries aren’t always just broken bones, either. Lung cancer caused by a workplace that allows smoking, for example, could also net compensation. In a personal injury case, an injury lawyer will determine who the correct parties to sue are and expedite any payouts that should be going to the injured parties. Medical treatment, lost income, property loss and pain and suffering all factor into the equation.

A large consideration in cases of injury, especially when funds have already been lost, is what other money will need to be spent on the case in order to get compensation. Breaking down the potential compensation that may arise from a lawsuit is critical, followed by determining what costs and fees are required for their services. Those are often paid out of the compensation earned, and should be taken into account before proceeding with an attorney. Find out if expert witnesses will need to be called and if that will decrease the amount of compensation kept from a case. Another consideration is out-of-pocket expenses, which should be estimated before anything is undertaken so it can be calculated into what amount of compensation will ultimately be taken home. At this stage, an injury lawyer will also be able to determine if taking a settlement from an insurance company is the best tactic, or if it’s worth pursuing in court, an important distinction to maximize compensation and avoid additional spending.

Finally examine the defenses that can arise and what arguments might be coming from the other side that will impact the compensation a case will draw. An injury lawyer can determine whether a situation falls under “comparative negligence” or “contributory negligence.” The former calculates damages based on each parties’ fault in the accident while the latter can reduce compensation depending on how much each party was contributed to or was at fault in the situation. Being as fully prepared as possible will help ensure a successful outcome.

4 Things To Bring When Talking To An Orange County Drug Crime Defense Attorney

January 16th, 2015

If you or a loved one has been accused of a drug related crime, it is important to retain one of Orange County’s finest drug crime defense attorneys. Having to face a trial for a drug crime is an extremely nerve racking experienced, so it is best for clients to be as prepared as possible for all of twists and turns they will have to navigate.

An Orange County drug crime defense attorney is able to help their clients through this process, but will need a certain amount of help from them. To that end, here are four things that you need to bring when you have your first consultation:

1. Pertinent Paperwork

First and foremost, you should be bringing a copy of the police report so that your Orange County drug crime defense attorney can analyze it and give you their honest opinion about your case. One of the main services an attorney provides for their client is a reality check. If your charges appear to be trumped up, they will let you know. However, if the charges are legitimate, it’s important that a client knows this early on, so they can manage their expectations.

2. Trusted Family/Friends

Choosing an Orange County drug crime defense attorney is one of the most crucial decisions you will ever make, as your freedom hangs in the balance. That being said, it is best that you bring a trusted person in your life to the meeting so that they can also get a feel for whether the attorney can be trusted. Two heads, or even three heads, are better than one when it comes to making a decision of this magnitude.

3. A Form Of Payment

Or, at the very least, a payment plan. Orange County drug crime defense attorneys do not work under contingency fee agreements, so it is to your benefit to have an upfront payment ready or be able to seriously discuss what your payment plans will be. By preparing ahead of time and having this portion of the consultation covered, you and your attorney are able to spend more time discussing the more important things such as their plans for pursuing your exoneration and how they are going to build your defense.

4. List Of Questions

During a legal consultation, there is no such thing as asking a dumb question. You should be bringing a list of any possible questions you can think of so that you can get everything off your chest as quickly as possible. The aspects of the case that matter most to you should be covered as thoroughly as needed. Your Orange County drug crime defense attorney is not going to expect you to be an expert about the laws governing your case or know all of the legal ins and outs, so don’t be afraid to bring a notepad full of questions.

Can A DUI Lawyer Reduce My Sentence?

January 13th, 2015

If you are currently in the process of going through a DUI arrest, one of your first thoughts is going to be whether or not you can avoid a severe punishment. DUI cases are typically taken quite seriously. One way you can avoid such a fate is to hire a DUI lawyer. There is a possibility that they can reduce your sentence.

The word possibility is used because retaining a DUI lawyer is not a guarantee of a reduced sentence. If certain factors, like repeated criminal offenses, repeated DUI offenses or severe injuries suffered by the other driver are present, then it becomes much more difficult, if not completely impossible for a DUI lawyer to help reduce your sentence.

It will help your case greatly if you are not a career criminal and this is your first time running afoul of the law. In these instances, it is much easier for the lawyer to point out to the court that this was a one-time mistake and that a lenient punishment is all that’s necessary. A judge is much more likely to see that side of the coin when you’re someone without a lengthy criminal history.

A DUI lawyer can also successfully negotiate for a sentence that is based in rehabilitation, instead of incarceration. They can explain to the judge that you are a good person, albeit one who struggles to control their alcohol consumption and make the right choices. Instead of sending you to prison, which will only exacerbate the issue, rehab will help you pinpoint the root of the issue and solve it for good.

You may be able to strike a plea bargain with the prosecution, with your lawyer’s help. Under a plea bargain agreement, you are typically able to plead guilty to a lesser crime and you will receive a sentence that is much less harsh than the one you would have been subjected to had you decided to take the case to trial and attempt to beat it.

The judge has a certain level of autonomy when it comes to determining your sentence and a DUI lawyer is able to persuade them, if you provide them with evidence that you are a valued member of the community. Maintaining a good job, a high grade point average or having a family that relies upon you for support are all factors that can be used in your favor.

Don’t ever make the foolish mistake of assuming that you are guilty and not hiring a lawyer to defend you. There is no underestimating the grave seriousness of a DUI arrest, so if you or a loved one has been arrested for this crime, pick up the phone and call a lawyer immediately.

How An Orange County, CA Criminal Defense Lawyer Can Reduce Your Sentence

January 8th, 2015

If you are found guilty of a criminal offense, it can feel like your whole world is crashing down around you. Worries about whether you will be able to continue to support your family and the length of your sentence begin to cloud your thought process. Fortunately, an Orange County, CA criminal defense lawyer can reduce your sentence and allow you to walk away from your legal proceedings with your freedom still intact.

There are a few different ways that a criminal defense lawyer can go about reducing your sentence. Just because a client has been found guilty does not mean that they will be subjected to the high end of the sentencing guidelines. Having a quality Orange County, CA criminal defense lawyer to guide you through the sentencing period is crucial to your long term prognosis.

The judge has a certain amount of personal discretion when it comes to deciding on your sentence and hiring an Orange County, CA criminal defense lawyer who has a solid working relationship with the judge is one of the main factors that will determine whether you receive a reduced sentence.

A judge is going to take several factors under consideration. Having a clean criminal record is important and gives your lawyer a chance to argue that your transgression was a one time mistake. Good behavior during a probation or parole period also helps your cause. Whether or not your crime personally victimized another person, physically or mentally, plays into the judge’s choice.

If you are able to display genuine remorse for your actions, this gives your lawyer a valuable tool to work with. The more you can bring to the table to aid your Orange County, CA criminal defense lawyer in their negotiations with the judge, the better your chances.

The court system is not infallible. Defendants are wrongly convicted on a regular basis. An experienced Orange County, CA criminal defense lawyer is able to point out procedural errors that took during your trial, in addition to overzealous prosecution. Prosecutors often take shortcuts in order to deliver a conviction, a tactic that only the most eagle eyed lawyers are able to notice.

The appeal process is the last bastion of hope for those who have been convicted and it behooves them to have a lawyer on hand. Having a lawyer who is well read on sentencing guidelines helps. They are able to argue on your behalf and get your sentence reduced, and in certain cases, earn an acquittal.

Don’t ever make the mistake of assuming that you are guilty and that there is no point to hiring a criminal defense lawyer. Even if you are not able to provide a defense for the crime you’ve committed, you can still appeal your sentence.

Will An Orange County, CA Sex Crimes Lawyer Need To Talk To Witnesses?

January 5th, 2015

When there is a case involving a sex crime, an Orange County, CA sex crimes lawyer will need to get involved as soon as possible. This will be necessary to build a case to help the accused prove their innocence. If the accused is guilty, a case will still need to be built as a way of lessening their punishment that comes from the court.

The Orange County, CA sex crimes lawyer will need to talk to witnesses, if there are any. There are several instances where interaction will be made with witnesses. Understanding these will help to answer the question about witnesses more effectively.

The first is to begin building the case. On the date that is in question when the sex crime or crimes took place, there may have been witnesses. These witnesses will generally be supplied by the person who has been charged with the crime, though they may have also been supplied by the plaintiff. The more witnesses, the better, in most instances.

The Orange County, CA sex crimes lawyer will need to talk to the witnesses to find out what they saw and what they know to be true. This will allow the lawyer to get a better idea as to what actually happened and then begin to build a case. If the witnesses say anything that could be useful in proving the innocence against the defendant, then they are likely going to be called upon inside of a courtroom to testify.

Whenever an Orange County, CA sex crimes lawyer plans on asking witnesses to take to the stand, the list must be provided to the plaintiff’s lawyer. In the case of sex crimes, it is likely going to be against the district attorney. This allows the other party to know what they are up against and determine questions that will be asked during the cross examination.

Both the plaintiff and defendant will have attorneys and both attorneys are able to have their own witnesses as a way of telling the story of what happened and supporting their cases. Since there will be multiple witnesses, an Orange County, CA sex crimes lawyer will definitely be speaking to witnesses at one point or another during a case, especially when it comes to trial.

The main question becomes who the lawyer will talk to and when. A sex crimes lawyer in Orange County will only be able to talk to his witnesses prior to the trial. The only contact that he or she may have with witnesses from the other side will be inside of the courtroom, during the cross-examination. This is to ensure that there is no coercion or blackmail taking place, thus protecting the judicial system.