Protect Your Rights If You Have Experienced a Personal Injury

If you or your loved ones have suffered from a personal injury due to some else's negligence, then you can definitely assert your right to damage compensation claim. The first step that you should do, however, is to consult a competent personal injury lawyer for him to review the details of the accident. The legal representation of a lawyer will determine the maximum financial compensation you can rightfully claim as a result of the tragic accident.

With a personal injury lawyer, you can be assured that the minute details pertaining to your case will be properly handled. He will carefully study the information you provided, take into consideration the necessary details to file, and what exactly is your legal entitlement under the various injury statutes and laws. These are benefits and advantages that for sure wouldn't be available to you once you decide to just take care of your personal injury case on your own.

When you contemplate on hiring a lawyer specializing in personal injury, there are probably a lot of questions you want to be answered right then and there. Questions such as whether getting the services of a lawyer is a hard thing to do, where and how to find a lawyer who is reliable, competent, and trustworthy as well as has a track record of winning this type of case, or even how much will it cost you to hire his services may come up. Aside from word of mouth based on your family, friends, and colleagues' testament, you may want to also check reliable lawyer directory over the Internet.

Some of the most common injury cases that lawyers handle are those that involve injuries and damages as a result of vehicular or motor accidents, accidents caused by unintentional slipping and falling, accidents from construction sites and any work-related conditions, attacks from ferocious animals, and even medical malpractices. A competent lawyer specializing in this type of case understands the complexities of these situations and will help you cover all the bases of both legal and insurance matters.

It is a given that when pinpointing who exactly is at fault, there is a degree of difficulty in determining which party should be responsible. In this case, you need not worry as this will be handled appropriately by the lawyer of your choice. In a personal injury case that involves negligence, for instance, the personal injury lawyer will carefully study the harm caused by the accident and will relate that to the compensation claim matching the injury.

DUI Law - Your Miranda Rights

The fifth amendment to the United States Constitution guarantees, among other things, the right of any person accused of a crime to not testify against himself. This amendment has been a part of the U.S. Constitution since 1791. However, it was not until the 1960s that law enforcement were forced to really take this Constitutional Right seriously.

In 1963 a man named Ernesto Arturo Miranda was arrest for robbery. During the course of police interrogation, Miranda confessed to another serious crime. Ultimately, the courts decided that since Miranda had not been informed of his fifth amendment rights and had not waived them, his confession was not valid.

It is because of this case that law enforcement officers today read what is known as the Miranda Warning to anyone they arrest. The Miranda Warning is simply a statement of every citizens rights to avoid self-incrimination and to legal representation under the U.S. Constitution. Almost everyone is familiar with this warning, having heard it on television or in movies if never in person:

"You have the right to remain silent, anything you say can and will be used against you in the court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you."

It is unlawful for a police officer to take a person into custody without reading that warning. Neither is it advisable that anyone being arrested confess to being aware of that warning should police fail to read it to them. This is because, if the Miranda Warning was not read to the person being arrested then there could be very serious ramifications on the ensuing criminal case.

In many instances, determination of whether or not an individual suspected of driving while intoxicated is over the legal limit or not is still done by a field sobriety test issued by the arresting officer. Field sobriety tests are good at help an officer decide if a person is too impaired to drive. However, they do not give the officer any idea of just what that person's blood alcohol level really is.

Is the person very drunk? Are they just slightly over the limit? Are they even over the limit at all? The officer has no way to know for sure from just a field sobriety test. In most instances the police officer, telling you that the field sobriety test demonstrates that you have been drinking, will attempt to get you to confess to drinking and to how much you have had to drink. However, if you answer these questions and your Miranda Rights have not been read to you nor have you waived those rights then your confession is not admissible in court.

Even if the addressing officer does use a breathalyzer test to determine if your BAC is over the limit, he still has to read your rights to you. If he fails to do so then your case may end up being dismissed. If your rights were not read to you when you were arrested it is important to let your attorney know.

Personal Injury Law in Oklahoma Has Changed - Limiting Oklahoma Citizens Rights

Last year, the Oklahoma Legislature, with the passage of the Comprehensive Lawsuit Reform Act, changed the way damages are awarded in personal injury cases in Oklahoma. This act substantially affects the rights of Oklahoma citizens when it comes to personal injury claims. Therefore, all Oklahoma citizens should be made aware of the changes in the law.

This new law places a cap of $400,000 on non-economic damages in any suit where bodily injury has been alleged. Non-economic damages for example would be in the nature of damages for physical pain and suffering, mental pain and suffering, physical impairment and disfigurement. This new law negatively affects the rights of a large portion of Oklahoma's citizenship including minor children, retirees and individuals who are unemployed. The reason being is that these individuals have no loss of income claim. Therefore, their damages may be limited to medical expenses and up to $400,000.

However, the "saving grace", if you want to call it that, is that this law provides situations when the cap can be lifted. These situations are as follows:

1. A Plaintiff suffers permanent or substantial physical abnormality, disfigurement, loss of use of limb or substantial impairment to a major body organ or system.
2. A Plaintiff suffers permanent physical functional injury that prevents them from being able to care for themselves and perform life-sustaining activity.
3. The Defendants acts were with reckless disregard, grossly negligent, fraudulent or intentional and with malice.

As to personal injury suits against a physician, both the judge and the jury must find one of the conditions above by clear and convincing evidence. This is a higher burden to meet than the preponderance of evidence standard. In suits against non-physicians (all other suits; car accidents, truck accidents, motorcycle accidents, slip and falls, dog bites etc...), a jury must find one of the conditions by a preponderance of the evidence. Jurors will not be advised of the cap at any time during the trial. However, they will be asked to return a verdict with answers to questions based on the above 3 situations.

This new statute does not apply to claims under the Governmental Tort Claim Act; personal injury claims against governmental entities such as a fire department or police department and does not apply to claims for wrongful death.

It is important to note that this new personal injury provision, which became law on November 1, 2009, does not take effect until a Health Care Indemnity Fund is created and funded by the State. It is unknown at this time if and when a Health Care Indemnity Fund will be created and funded by the State.

In addition to the above, another notable provision is contained in this new law. Evidence of a persons failure to wear a seat belt will now be made part of the evidence in car accident and truck accident cases. Oklahoma's former law provided that a drivers use or non-use of a seat belt was irrelevant when it came to car accident cases. This new law provides that if an operator of a vehicle does not wear a seat belt and is involved in an accident, the failure to wear a seat belt may be used against that person in a car accident lawsuit. In essence, although the person did not cause the accident, he or she may be blamed for his or her own injuries because of the non-use of a seat belt. Therefore, it is now extremely important to wear a seat belt while operating or riding as a passenger in a car or truck.