2 FAQs About Personal Injury Cases

Posted by on Aug 22, 2016 in Uncategorized |

If you were on the receiving end of an injury – one that is usually born out of recklessness or a lack of care, rather than any sort of malicious intent – you can often sue the party responsible under the category of a personal injury suit. However, you may not wish to go to court. You lawyer may advise you that settling out of court is a preferable experience. If you are thinking of settling out of court, you have doubtlessly have questions about the experience. Read on and discover a few commonly asked questions about settling out of court for a personal injury suit. Is There A Statute Of Limitations On A Personal Injury Case? For whatever reason, settling out of court maybe did not work well for you. Perhaps the potential plaintiff did not agree to pay the damages requested, or perhaps the plaintiff genuinely believes that he or she is innocent. Regardless, you should be aware that there is a time limit on how long you can sue the potential plaintiff from the time that the accident took place. However, determining how long the statute of limitations is depends on the state in which the accident took place. Consult with your attorney or ask the court directly about the statute of limitations that are in place for personal injury suits before you begin working on a settlement. What Should You Do After You Have Been Injured And Wish To File A Personal Injury Claim? It should be noted that if you wish to file a claim, do not wait around. Begin working on filing a claim as soon as you can. Make sure you take robust notes and write down descriptions of the accident while it is still fresh in your mind. If there is documentation of the accident, be it video or still photos, try to find these pieces of media. In the world of omnipresent mobile phones, it is becoming easier and easier to collect such documents. You must also notify individuals with whom you are filing the claim against. Finally, talk to people who may have witnessed the accident and see if these individuals will testify on your behalf. If you have suffered an injury due to an accident and someone is at fault, the person in question may be held liable for damages. Speak to a personal injury attorney (like those at Dunnigan & Messier P.C.) for more robust details regarding the...

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Can You Be Held Liable For Smashing A Window To Save A Child From A Hot Car?

Posted by on Aug 2, 2016 in Uncategorized |

Seeing a child trapped in a hot car is distressing. You know how hot it can be in there and the danger that imposes on the child’s life. The first thing you want to do is smash a window and get the child out. Is that something you can legally do? Here’s a look at the law. Call the Police First Smashing a window may not be needed. Contact the police first and see if you can spot the owner of the vehicle. Explain to the dispatcher how long this child has been trapped, and the actions of the child. It is possible for the dispatcher to tell you to smash the window if there is a risk to the child’s health. The Law Will Depend on the State There are new laws being introduced around the country. Too many children are dying in cars, and passers-by are too afraid to get in trouble to help. Tennessee has signed in a law to protect those who smash the window to get the child out. A person can now take action, but they must still contact the police first. This helps to alert the police that there is a potential felony situation, and protects the passer-by from a vandalism charge. Ohio has also approved a law to state that people can smash windows to get children out of cars. Like Tennessee, you will need to call the police first. You will also need to leave a note on the car and remain with the child until the authorities arrive. Charges May Be Dropped If you are in a state where there is no current law, should that stop you saving the child? In Georgia, a military veteran decided to take his chances and was arrested by police. In the end, all charges against the veteran were dropped. The view for some authorities and judges is that a jury wouldn’t convict them anyway. There was a strong defense for the actions taken. It is possible that updates will be made to Good Samaritan Bill to protect people like the veteran. Other states may also drop charges and make changes in the future. People aren’t protected against prosecution in all cases if they smash a window to save a child, but they do have a good defense. The important thing is to call the police first. Dispatchers can then recommend steps to take, and you make it clear that you are not doing this to cause criminal damage but to save a life. If you do find yourself being prosecuted for vandalism after breaking someone’s window to help a child, consult with an attorney to find out what your options...

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