- Divorce
- Paternity
- Annulment
- Criminal DefenseDo I automatically get paid if the other person broke the law? No, you are not automatically paid by the insurance company for the driver if the driver broke the law. Someone who is speeding and comes to an abrupt stop is not responsible for the accident when someone else rear ends their car. It is necessary the action of breaking the law caused the accident. There is a difference between criminal law and civil law. The fact that someone broke the law will makes them criminally liable for a penalty under criminal law. In order to show someone is at fault for the accident it is necessary to show their conduct was the cause of the accident and the injuries which resulted. If Fred runs a stop sign he is not responsible for the injury suffered by Joan when she trips and falls getting out of the car.
- DUI/DWI
- Wrongful DeathWhether they include automobiles, trucks, motorcycles, snowmobiles, boats, ranching equipment, or some other sort of vehicle, the impacts of a wrongful death are almost dependably brought about by someone's carelessness. California law defines negligence as failure to use reasonable care to prevent harm to another person.
- Traffic ViolationsIf the investigating police officer finds the other party at fault, do I automatically get paid? Unfortunately, you do not automatically get paid by the responsible insurance company when the police officer finds the other driver at fault. If you were partially of fault the insurance company will argue you do not get full value of all the hassles, medical expenses and difficulties you experienced. As an example, the responsible party turned left in front of you. If you were speeding the responsible party may not be fully at fault. This may prevent you from fully getting paid in some states and may completely prevent you from recovery in other states. The opinion of the police officer will bear on the determination of liability. Insurance companies, however, will many times argue the police officer lacked all the facts necessary to make a determination and that the determination is only an opinion.
- BurglaryAttorney David Allen describes the discretion a district attorney’s office possesses when it brings criminal charges. Taylor Irby removed guns from her estranged husband’s home. She was charged with armed burglary. Reaction from the local community resulted in the charges being changed. David Allen explains why.
- Assault
- MurderDavid Allen describes a New Mexico case in which David Gutierrez was found guilty of murder. A piece of evidence used against him was his admission to his wife. His defense attorney argued spousal immunity prevented her testifying. The case was appealed and the New Mexico Supreme Court made a major decision regarding spousal immunity.
- Workers CompensationWorker's Compensation Insurance – California, Nevada, and most other states have laws that require employees to be covered by worker's compensation. With worker's comp, it does not matter how you got injured or who caused the accident — as long as you suffered your injury on the job, you are entitled to financial compensation.
- Sexual HarassmentAttorney David Allen reviews a case in which a resident of Pennsylvania, Carl Hewitt, contended he was subjected to sexual harassment by another male. The other male was employed by an entirely different company than the one employing Carl Hewitt. The company employing Carl contended it was not responsible for sexual harassment or a hostile work environment since it lacked control over the perpetrator employed by another company. The case was decided by a federal District Court judge in Pennsylvania.
- Premises LiabilityIs Medical Payments Only On Auto Policies? Yes, medical payments coverage is also available under what is referred to as premises liability coverage. This is coverage which applies to a specific location, such as a home, a store, a warehouse, or any other place of business. The premises policies consist of a variety of coverages which protect the premises, such as fire, windstorm, hail. The premise policy usually also contains liability coverage which insures the owner of the premises in the event someone brings a personal injury claim. Many homeowners policies contain a medical payments provision. It makes payment for medical bills arising from an injury on the premises. Payment is made without consideration of whether the homeowner was at fault. It is only necessary, just as in an automobile medical payments claim, someone suffer injury and present medical bills arising from that injury. The amount of coverage varies. Most homeowners policies provide a minimum of $1000 in medical payments coverage. Some policies contain medical payments coverage which is as high as $10,000.
- Property Damage
- Personal InjuryDon’t let others intimidate you or allow you to believe that you don’t have a case; it’s important to speak with one of our personal injury attorneys, and only then can you know what the right course of action is.
- Medical MalpracticeThe New England Journal of Medicine points out that all too often medical “incidents†produce injury or death. No one practicing medicine or assisting in the practice of medicine wants any injury to come to those for whom they are providing care. Yet, sad things happen as a result of any number of circumstances. These circumstances can include the failure of a medical device, the application of the wrong medicine, a misdiagnosis or the wrong procedure being performed. These are all commonly called medical malpractice.
- Auto Accidents
- Social Security DisabilityFree Social Security Disability (SSD) Benefit Qualification Fill out this form to see if you qualify for Social Security Disability benefits.
- Dog BitesOther Personal Injury claims covered under personal or business liability policies may involve swimming pool accidents, playground falls, personal injuries from falling debris, dog bites, or assaults due to inadequate security. If you were injured on someone else’s private premises or on business or public property, and that personal injury could have been prevented with proper care, you may have a premises liability claim.
- Slip and Fall InjuryPedestrian accidents such as slip and fall, trip and fall, and escalator accidents are embarrassing for the person who suffers them. As a result, rather than taking witness names and statements and filing an personal injury report with the building management, the injured victim may attempt to go on as if everything is alright. However, if a food spill in a grocery aisle was left unattended because of poor oversight, debris littered a construction site, an icy parking lot was left without being cleared in a timely manner, or an escalator was not properly maintained, then the management of the building or property is responsible for the slip and fall injuries resulted from the neglect. If you or someone you know had a slip and fall in a retail store, business establishment, or on a municipal sidewalk, take the following measures...