How to Determine the Personal Injury Claim Value

Personal Injury Claim

Before getting into details you should know that establishing a personal injury claim value is not an exact science and that outcomes may vary from case to case depending on a multitude of factors, with human nature being one of the most important.

Here are some of the most common references that will be taken into consideration by the legal court when establishing any personal injury compensation value:

1. Liability: It’s very important to know who was the culprit of the incident which led to the injuries. For example, in the vast majority of car accidents, there is a clear and unambiguous culprit which will have to answer in front of the law for his or her deeds. In case of an accident with questionable liabilities and evidence, with a lack of culpability, it’s very difficult if not impossible for anybody to succeed in obtaining any settlement value.

2. Injury Type: In case that you sustained severe injuries it is highly advisable to look for a good personal injury lawyer who can offer judicial assistance in order for you to get a just compensation for your claims. However, you sustained only minor injuries as a result of the accident (whiplash, bruise, strains, bump etc.) you can handle the legal complaint by yourself.

3. Your age: Usually, the younger you are, the more you stand to receive a compensation payment. The best settlement results are obtained by personal injury victims under the age of 12 due to their obvious innocence and by persons over 60 years of age who usually benefit from a greater sympathy from the court members during lawsuits.

4. Your gender: In normal situations, personal injury claim values are the same for both men and women. However there could be exceptions from this rule, like for example in the case of visible scars caused by the accident. In this case, it would be considered that a woman would endure more hardships than a man from visible scarring and therefore she would be awarded a greater compensation amount.

5. What kind of person you are: Here you have to be totally honest with yourself and see if your past could be a potential drag for obtaining a good settlement amount. If you have a history of law problems, a criminal record or if you were in prison for a while, then you’re more likely to get a smaller amount than an average beneficiary who did not have any legislative troubles in the past.

6. What kind of person the culprit is: If the person who caused the accident is known to have has issues with the law in the past and has had a series of lawsuits being under accusation, then you stand to earn more from a potential legal settlement in court. However, if he’s known to be spotless and on top of that he’s one of the community’s most notable philanthropies, then your case is not so solid anymore.

7. Damage types: When establishing your personal injury claim value, you should take into account the several damage types that your attorney can invoke in court: medical special damage (cost of ambulance, x-rays, diagnostics, emergency room, drugs, therapy, etc.), evidence of non medical special damage (lost wages and profits, child care costs during disability, lost vacation days, etc.) and/or property damage (car repair costs, damaged clothing, real-estate devaluation etc.). Depending on the nature of the accident, there can be only one of them, several, or all three.

In case of any lost wages it is important for you to know that this is one area that could have a great impact on your final personal injury claim value. This is mostly because it’s one of the situations that you have the most control over. For example, you can earn a great deal more if you were doing commissions and overtime work. Here, a letter from your employer stating the amount of your overtime hours would weigh heavily in your favor during the personal injury lawsuit and would ensure that you are entitled to just compensation.

You should also know that you are entitled to monetary compensations for your lost wages even if you have no actual loss of income! It can be that your company pays you the normal wage during recovery or that you take some sick days, thus you would be getting your normal wage. Regardless of that, the court could decide that you’d get compensation for lost time and earnings.

If, following the accident you can no longer work in the same environment and you are forced to get a lesser paid job or to work half time at your previous rate, you should know that you are entitled to compensatory amounts but make sure that your employer documents all the changes that take place.

It is important to remember to always correctly record and present (to your lawyer and to the court) all of your costs caused by the accident, all of your lost wages and earnings because they could all greatly increase your personal injury claim value in the end.

The Birth of Internet Crime

internet crime

The birth of the internet has transformed the world as we know it. It has clearly grown to astronomic proportions since it became a household name in the mid 1990’s. If you were born before 1980, you have watched the world change from using rotary telephones to iPhones. These days nearly everything can be controlled by the touch of a button.

Bills can be paid online, movie tickets can be purchased online, you can talk to your loved ones online, and you can take a complete college course – without having to step foot on campus. The possibilities of the internet are endless – and technology is changing more rapidly than we can learn to understand it.

Today, teens and individuals in their twenties are grasping and exploiting computer technology like never before. Children are already known for their marked ability to learn and assimilate information at a very young age – absorbing and utilizing the internet and computer systems are no different than learning how to build a tree fort. For some families, their 13-year-old can build an entire computer system as his father built a model car the generation before.

With the advent of the internet, came an entirely new way to commit crimes. The terms internet crime, cybercrime and computer crime are used interchangeably. Simply put, internet crime or cybercrime is a form of crime where the internet or computers are used as a medium to commit crime.

Internet crimes are vast and expansive and can include anything from downloading illegal music files to stealing someone’s identity. Cybercrime can also include stealing millions of dollars from online bank accounts to distribution child pornography. One of the most common forms of internet crimes involves identity theft which is commonly done through phishing and pharming. These methods set up fake websites (that appear legitimate) to lure unsuspecting victims. People are asked to give out personal information such as name, address, phone numbers and bank accounts. Criminals then take this information and “steal” the person’s identity.

Internet crimes are not limited to targeting the consumer; cybercrimes have gone so far as to take on global proportions. Cybercrimes can also encompass criminal activities such as espionage, financial theft, and sabotage. In May 2010, the Pentagon established the new U.S. Cyber Command, which is headed by the director of the National Security Agency (NSA), to defend American military networks. It also serves to attack the computer systems of other countries.

Due to the fact that criminal activities have spread at a rate that law enforcement has had difficulty keeping up, entire task forces have been developed to crack down on internet and cybercrimes. There is a method called electronic discovery, or e-discovery, which is a type of cyber forensics. Electronic discovery is a process employed by law enforcement where they can obtain, secure, search and process any electronic data for use as evidence in a legal investigation. Electronic discovery can involve just a single computer or it can incorporate an entire computer network.

When you are facing allegations for internet or cybercrimes, it is essential that you seek the advice of a highly skilled attorney who you can trust. When your future is at stake – you need somebody who is familiar with both computer technology and the criminal justice system. You are urged to contact an experienced criminal defense lawyer who can help you learn more about what steps you can take to protect your legal rights and your future.

Criminal Law – Know What Your Rights Are

Your rights

Each year there are over 800,000 assaults reported to local law enforcement agencies. Assault is typically defined as trying to strike an individual when the individual is aware of the danger being presented. A felonious assault is an attack, or attempt to attack, through force, in order to cause physical injury to an individual. Even if the individual doesnt get hurt, but a weapon is involved, then it still falls under the category of a felony.

Criminal differs from civil law in that criminal law is action taken by the state against an individual or business for breaking a law, whereas civil law is between individuals or businesses.

The term for this is committing a crime, which is a prohibited act that violates a law set forth in either federal, state, or local statutes.

Crimes can be either misdemeanors or felonies. You have the option of choosing to represent yourself or hiring an attorney to defend you on either case type. Depending on the nature of the alleged crime, you may choose to waive your right to counsel. For traffic violations, you can sometimes get a summary proceeding in which you visit with a local judge and he resolves it with a summary judgment. However, for felony cases, you will want to hire an attorney to represent you.

People often ask if they have the right to refuse a search. There are personal searches, vehicle searches, and home searches.

The officer, given probable cause, can search your car when he/she wants. The law doesnt view a vehicle as private as a home, so it is more lenient to officers searching vehicles.

In your home, you are generally safe. They need your consent, a warrant, or exigent circumstances to enter your home. Exigent involves the nature of the offense, the evidence of probable cause and the likelihood of you getting away if he/she doesnt act soon.

Personally, they can search you given any of the following: If his safety is in question, if they arrest you, if they see something illegal you have on you, if you consent to being searched.

When asking you questions, if you feel like you are a suspect in a crime or could be later, you should speak with a lawyer before answering any of their questions. I have heard officers will use techniques like trying to force you to answer questions or the opposite approach of being overly friendly to get information. Keep in mind they are there to protect. If you did something wrong, they are there to find out it was you, and if you didnt do anything wrong, they are there to protect you. Just ask Kobe Bryant.

In most cases, you want to be respectful of the officer, but you also want to let them know that you understand the law and you will protect your rights.

Not every instance of an assault crime is straight forward and clear-cut. For instance, an assault may have been committed due to self-defense or defending another person or property. This is why it is so important to hire a professional assault attorney. A qualified attorney will be able to complete an extensive investigation and use their professional expertise to help dismiss or minimize the sentence.