July 17, 2019
Personal Injury Lawyer
A personal injury lawsuit is often brought by someone who is negligently injured. If the injured person dies before a lawsuit is brought, what happens? The answer is, it depends.
When the Plaintiff Dies Before Filing a Lawsuit
If no legal action has been initiated, then you’ll have to look at the statute of limitations. Generally, a plaintiff has a certain amount of time to bring a personal action claim against a defendant. If the plaintiff dies before the statute of limitations has expired, the estate can bring the lawsuit against the defendant. At this point, the action may be a wrongful death claim, rather than personal injury case.
If the statute of limitations has expired, you are probably out of luck. The statute of limitations doesn’t start when the person dies, but rather when the injury occurred. However, there may be legal implications that changes the start date. If the case was being investigated for murder, the timeline begins when it was discovered that the death was due to murder. For product liability, the statute of limitations usually starts on the date of the injury, rather than discovering that the death was due to a product malfunction.
The legal implications are further complicated by varying laws around the country. For some types of cases, the statute of limitations might be one year, while for others, it could be three years. For children, the statute of limitations may be much different, too. It’s important to talk to a lawyer as soon as you can to preserve your right to sue.
What if the Plaintiff Dies While the Lawsuit Is Pending?
In a personal injury case, the lawsuit doesn’t just go away if the injured person dies. The executor of the estate or another personal representative of the estate can continue to pursue the claim. Once the claim is settled, any recovery is distributed to the heirs according to the will or laws of succession in the state.
What If the Defendant Passes Away During the Lawsuit?
If you filed a lawsuit against a person who dies before it’s settled, again, your case doesn’t go away. Your case simply proceeds against the person’s estate. It can complicate matters, because the estate has to go through probate. Because the defendant isn’t available, it does make the legal proceeding more difficult but not impossible.
Your Personal Injury Lawyer Can Address These Situations
A death of a plaintiff or defendant doesn’t make the case go away, but it certainly can make it more complex. Talk to a wrongful death attorney about your claim.
July 17, 2019
Car Accident Lawyer
During a car accident, victims are at risk of suffering significant harm, including brain injuries. When the brain is injured during a vehicle collision or another traumatic event, it may result in permanent physical, mental, and emotional damage. Brain injury can affect an accident victim’s ability to live a healthy and functionally independent life.
Car accident victims who suffer brain injuries may incur significant bills from medical providers for treatment, rehabilitation, or the cost of long-term care or a caregiver. When combined with the issue of lost wages and earning potential while recovering, there may be a substantial financial strain on car accident victims and their loved ones. If you’ve suffered a brain injury or other types of injuries in a car accident, a car accident attorney can work to help you receive monetary compensation for lost wages, medical bills, pain, suffering, and more.
Types of Car Accidents That May Cause Brain Injuries
Both motorists and passengers are often at risk of suffering a brain injury in traffic accidents that involve multiple impacts. This can happen in various types of collisions, such as:
- Head-on collisions
When the front ends of two vehicles hit each other while headed in opposite directions, the impact may thrust a motorist’s head to forward into the dashboard or steering wheel. In some instances, the speed involved when the head and neck suddenly jerk forward is sufficient to cause brain injury if the brain strikes the inside of the skull.
- Side-impact collisions
When a car strikes the side of another one, the side impact (or “t-bone”) collision can cause a driver to lose control of the vehicle. Or, the t-bone impact may push the struck vehicle into other objects, such as a traffic sign, a tree, or a light pole. The vehicle may also be forced into another lane, causing it to be struck again by other cars.
- Rear-end collisions
When the vehicle traveling behind a vehicle collides with the back of it, this can also cause the head and neck to suddenly jerk forward, increasing the risk of brain injury. However, the impact of a collision can also cause loose objects in the vehicle to strike motorists in the head, which could cause a brain injury.
Any penetration of the skull by a foreign object or blow to the head has the potential to cause a significant brain injury. If you’ve been injured in a car accident, you should seek medical attention as soon as possible after the event. Unfortunately, a brain injury victim’s symptoms are misdiagnosed often, due to their inability to be distinguished from other injuries. It is essential that you seek competent help from a medical provider to help to diagnose and treat your brain injury, as brain issues can easily lead to long-term problems.
Proving the Negligent or At-Fault Driver’s Liability for the Crash
If you’ve suffered a brain injury or other injuries in a car crash, your attorney must establish that the other driver is liable for your harm. The other driver’s insurance company will have attorneys who are prepared to prove that the accident wasn’t their client’s fault, so you will need a competent, experienced, qualified, and highly knowledgeable car accident lawyer in Minneapolis, MN on your side. Schedule a consultation with a car accident lawyer today.
Thanks to Johnston | Martineau, LLP for their insight into personal injury claims and car accidents involving brain injuries.
July 7, 2019
Trucking Accident Lawyer
The truck driver involved in a gruesome crash in New Hampshire that took the lives of seven motorcyclists and injured others has just been charged with seven counts of negligent homicide, reports USA Today (https://www.usatoday.com/story/news/nation/2019/06/24/motorcycle-crash-truck-driver-charged-crash-killed-7-bikers/1547249001/).
Twenty-three-year-old truck driver Volodymyr Zhukovskyy was arrested in his Massachusetts home by that state’s fugitive apprehension unit for his role in the crash. Zhukovskyy was towing a trailer for hauling cars when he drove into a group of 10 motorcyclists who belonged to the Marine Jarheads MC, a New England motorcycle club composed of Marines and their spouses. According to police, the truck driver crossed a double-yellow line just before striking the motorcyclists.
Initially, new outlets discovered that the 23-year-old had a drunk driving charge just this past May in Connecticut and was also arrested for drunk driving back in 2013 in Massachusetts. However, more research has uncovered that Zhukovskyy’s driving history and criminal record are worse than first reported, leaving many people outraged that he still had a valid commercial drivers’ license at the time of the deadly crash. His license should have been revoked by Massachusetts last month in light of his drunk driving arrest, and since then, a top official with the state’s motor vehicle has resigned over the failure to revoke his license.
In addition to the two drunk driving incidents, Zhukovskyy was in a rollover crash with a truck in Texas. In the same state a few months earlier, he was arrested for having drug paraphernalia on him when police found he had a drug pipe.
His most recent arrest for drunk driving in Connecticut was troubling on multiple levels, with the responding officers reporting that he was jumping outside his vehicle and revving his engine at the time. He also displayed what police deemed as “extreme behavior” and made suicidal comments, which resulted in him being sent to a local hospital for treatment.
According to state officials in Massachusetts, Connecticut did not give them the information about Zhukovskyy’s May drunk driving charge via the correct channels as set out by the driver’s license system for federal commercial licenses. If Connecticut had done so, Massachusetts officials say the charges would have been automatically applied to Zhukovskyy’s license and would have resulted in the suspension of his commercial driver’s license.
Connecticut used the American Association of Motor Vehicle Administrators messaging system to notify Massachusetts of the charge at the end of May, which generated a notice for Massachusetts officials to carry out a manual review of the truck driver’s record. Since they had not done that review by the time of the crash, he was still legally licensed to drive.
The 23-year-old’s history of traffic violations goes back to 2012, when he was just 16 and was charged with driving without a license, speeding, and negligent motor vehicle operation in Massachusetts.
Unfortunately, the system for commercial driving is not without its flaws, and it does allow drivers behind the wheel of a big truck who should never be there. If you’ve been in a truck accident, contact a trucking accident lawyer in Denver, CO for assistance.
Thanks to Richard J. Banta, P.C. for their insight into personal injuries and truck accidents involving smaller cars or motorcycles.
June 24, 2019
Personal Injury Lawyer
Getting into an accident of any kind will not only throw your schedule off for the rest of the day, but it can also cause long-term damage that may result in multiple hospital visits and even physical therapy. When you have been in a personal injury accident, it can be tempting to brush it off, not make a big deal about it, and try to go on with your day, even if you are experiencing some pain. However, the best thing you can do after your accident is to write down notes about what happened. If you choose to pursue a personal injury claim, you want to make sure you have as much detail as possible regarding the accident because it can be easy to forget important things once the shock wears off. Attorneys are here to help you if you have been in a personal injury accident. Below, we give you advice on what you should take note of after your accident to give you a leg up for your claim.
What kind of information should I write down?
Always remember: no detail is too small. Anything can remind you of more details after the accident, so writing down everything you remember is very important.
- What happened? This is an important question to answer when you are writing about the accident. You want to answer questions like “What time was it?” or “Where was I going?” Were you rushing to get somewhere, or were you taking your time? What were the weather conditions like? It is important to note whether you had friends or family with you or if there was anyone around to witness the accident when it occurred. If there were certain noises you heard or things you observed at the scene of the accident (like a blown-out light or a puddle of liquid on the floor), these should be written down as well.
- What are your injuries? This is two-fold. You want to ensure you have personal notes regarding your injuries as well as notes from your doctor. Write down where you were injured, the level of pain, and whether your pain increases or decreases as the days and weeks go on. Do you suffer from anxiety after the accident? Is it affecting your sleep?
- What are your losses? When you work with a lawyer to file your personal injury claim, they will be working hard to get you compensation. To do this, they need to know what your losses are as a direct result of the accident. Do you have medical bills? Six months of physical therapy? Can you return to work? These are all important things to write down.
If you were recently in an accident that caused you to be injured due to someone else’s negligence, speak with a personal injury lawyer in St, Paul, Minnesota. They can help you take notes on the topics above as they begin compiling evidence for your case. Call now.
Thanks to Johnston | Martineau, PLLP for their insight into personal injury claims and writing down information from the accident.
June 22, 2019
Personal Injury Lawyer
A bicycle accident is more likely to cause serious injuries than a collision between two cars. Bicycle riders do not have the protection of airbags and safety harnesses. Most bicycle helmets do not meet the safety standards that apply to motorcycle helmets.
A bicycle rider’s impact with pavement or another vehicle can cause catastrophic head and spinal injuries. Broken bones, joint damage, and facial scarring are common outcomes when cars and trucks crash into bicycle riders.
Road rash, caused by a rider’s flesh scraping against the road, is a painful injury that can be life-threatening if the rash becomes infected. Torn muscles and nerve damage heal in unpredictable ways. Injuries that seem to be minor can cause nagging long-term pain when they are slow to heal.
When Should I See a Doctor after a Bicycle Accident?
Some bicyclists will be transported from the accident scene to a hospital in an ambulance. When a paramedic recommends a visit to the emergency room, an injury victim should always follow that advice.
When an ambulance is not called to the accident scene, bicycle accident victims will need to decide whether and when to see a doctor. Head injuries always deserve medical attention. If a concussion caused a loss of consciousness, a doctor should evaluate the injury immediately. Even when a bicycle rider does not lose consciousness after a blow to the head, the risk of a serious brain injury is too important to overlook.
Concussions can cause bleeding inside the skull, as well as swelling of the brain. Either of those conditions might not produce symptoms until hours after the accident. By the time the accident victim begins to notice a headache, it may be too late to save the victim’s life.
The safest course of action if the crash caused a blow to the head is to visit an emergency room or urgent care physician immediately. If that doctor recommends an examination by a neurologist or follow-up care, make sure to follow that advice.
Any other injury that is causing more than trivial pain should be evaluated by a physician soon after the accident. The fact that you can walk away from a bicycle accident doesn’t mean you don’t need medical care. People can walk with mildly fractured ribs and rotator cuff injuries, but prompt medical attention will help an injury victim avoid activities that will make those conditions worse.
Should I Wait to See If My Injuries from the Bicycle Accident Get Better?
Getting an immediate evaluation and treatment for your injuries is the best way to hasten your recovery. Your doctor is in the best position to advise you whether rest is the best medicine. Muscle and tissue injuries often require physical therapy after a period of rest to encourage a quick recovery.
In addition to maximizing your opportunity to make a full recovery, seeking immediate medical attention is important to your claim for compensation. Drivers who cause bicycle accidents should be held accountable for their negligence. Insurance adjusters, however, look for excuses to avoid paying full compensation. When an injury victim delays treatment, insurance adjusters argue that the bicyclist decided to fake an injury or that the injury was caused by something that happened after the bicycle accident.
Bicycle accident victims also have difficulty obtaining full compensation for injuries if they fail to follow a doctor’s instructions. When a doctor tells an injury victim to see a specialist or attend physical therapy, an insurance adjuster will interpret the bicyclist’s failure to heed that advice as evidence that the injuries were fully healed.
Busy people sometimes neglect to keep appointments with their doctors. Injury victims often stop going to physical therapy because the sessions are painful and time consuming. When they later seek compensation for prolonged pain and suffering, the insurance adjuster might legitimately argue that they made their problem worse by failing to follow treatment recommendations.
Do I Need to Worry About the Statute of Limitations for Personal Injury?
Victims of bicycle accidents in Georgia must usually settle their claims or file a lawsuit within two years of the accident date. Accident victims generally lose their right to collect compensation for injuries if they do not start a lawsuit within two years. That time period may be extended, however, if the bicycle rider was a minor when the accident occurred.
A bicycle injury victim should nevertheless see a doctor well before the time comes to file a lawsuit. Many claims settle without filing suit, but a lawyer cannot settle an injury claim without understanding the full extent of the victim’s injuries, including the likelihood that an injury will cause a permanent impairment or lasting pain.
Seeing a doctor at the earliest opportunity and following up with care the doctor recommends is the best way to assure that an injury claim will settle for its full value. If it does become necessary to file a lawsuit, the victim’s bicycle accident lawyer will want to have all the medical records in hand so that the lawsuit can be filed with full knowledge of the victim’s injuries.
June 21, 2019
Trademark Attorney in Chicago, IL
When individuals have or create a product, they can get confused about how a trademark actually works. A trademark, in its simplest definition, is an identification of the source of goods or services. It is not the product itself. Take Tide laundry detergent as an example of this. Tide is the maker of the laundry detergent, it is not the actual detergent itself. Often times, however, people come to identify trademarks so closely with the product that they may substitute the name of the trademark for the product. You can obtain trademark rights from actual use in commerce or by registering your trademark with the United States Patent Trademark Office. You can register your trademark through an “Intent to Use” (or ITU) trademark application. Do this before you have any sales; do it when you just thought of the name of your product or idea for example. Many times, individuals will register their trademarks far in advance, before they have even fully developed their product or before they are ready to do sales because it prevents other companies from stealing the idea.
How to Register a Trademark
In fact, many individuals who are looking to trademark their idea will look online and do a search through intent to use trademark search engines so that they are not stealing another individual’s trademark themselves. Searches through intent to use trademark engines are free and publicly available. In fact, Apple products are well known before they release or announce them because they have several trademarks on file for their intent to use trademarks on new gadgets. The best trademarks that you can make are arbitrary and trademarks that do not have a name that has something to do with the product itself. Apple, for example, is associated with computers now but an apple itself has nothing to do with the computers. Remember, a great name is only great if it is available as a trademark. Here are the steps to obtaining a trademark:
- Determine if a trademark is the appropriate intellectual property protection to secure.
- Design the name or logo that you want to be trademarked.
- Identify your goods or services. Think of the broadest category of goods and services that you might use to mark on. Then, narrow it down to avoid conflicting with a previously registered trademark.
- Search the United States Patent and Trademark Office (USPTO) for previous or similar trademarks.
- File an application for trademark and pay the corresponding filing fee.
- Wait approximately 3 months. Be diligent if you have not heard anything within this time frame. Contact the USPTO for more information or an update on your application.
- You will receive a notice of publication from an examiner
- Then you must wait a 30 day period
- If no opposition has been filed after 30 days, you will receive a registration certificate and have your trademark registered.
Contact an Intellectual Property Lawyer
If you have any confusion surrounding registering your trademark, you should reach out to a trademark attorney in Chicago, IL. They can provide insight and aid in the long but rewarding process.
Contact The Law Offices of Konrad Sherinian, LLC for their insight into patent law and trademarks.
June 9, 2019
Nursing Home Lawyer
The Georgia Council on Aging reports that 1 in 10 older Americans are victims of elder abuse, neglect, or exploitation. Since most cases of elder abuse are never reported, however, official statistics fail to capture the full scope of the problem. As Georgia’s population continues to age, the problem will only be heightened.
Younger family members can help prevent or stop the abuse of their elders while helping elderly victims get the justice they deserve. That process starts by learning to recognize evidence that elderly parents, grandparents, or other relatives are being abused.
Defining Elder Abuse
Elder abuse is broadly defined as any knowing, intentional, or negligent act that causes harm to a vulnerable adult. Adults are vulnerable when, because of the infirmities of aging, they must depend on others to help them meet their basic needs.
Elder abuse generally falls into one or more specific categories. Certain warning signs are characteristic of each category of abuse. By watching for those signs, family members can help abuse victims get the help they need.
Physical Abuse of Elders
Physical abuse involves the infliction of physical pain or injury. Slapping and pinching are examples of physical abuse, as is tying the victim to a chair.
Physical abuse is often inflicted out of frustration. Family members who act as caregivers may decide to “punish” an elderly family member for failing to control a bladder or for engaging in behavior that the abuser regards as overly demanding.
Professional caregivers, including nursing home aides, also engage in acts of abuse out of frustration. They might also inflict pain on elderly patients as a means of controlling them. Regardless of the motivation, it is a violation of Georgia law to inflict deliberate and unnecessary pain on an elderly victim.
Warning signs of physical abuse may include unexplained bruising and other suspicious injuries. Even an injury that is explained as accidental should be regarded as suspicious if the explanation seems unlikely or if it becomes part of a pattern of injuries.
Sexual Abuse of Elders
Victims of sexual abuse often suffer from dementia or other conditions that make it difficult for them to report the abuse when it occurs. Sexual abuse is typically inflicted by caregivers, institutional staff members, and other institutional residents who are unrelated to the victim. Warning signs include bruising around the breasts or genitals and a sudden desire to withdraw from contact with others.
Neglect of Elders
Neglect occurs when seniors do not get the care they need. Malnutrition and dehydration are the consequences of failing to give seniors adequate food and water. Neglecting to move elderly patients who are confined to bed can cause painful bedsores and dangerous infections.
Inadequate staffing at nursing homes can cause nurses to overlook symptoms of serious health problems until it is too late to treat them. Staffing problems also lead to aides injuring patients by trying to perform tasks alone — like lifting a patient from a bed to a wheelchair — that should be performed by two aides.
Unfortunately, patient neglect may not be obvious until a family member is injured. Since nursing homes are not always honest about their staffing levels, reading reviews is one way to choose a home that has a reputation for providing high-quality care.
Financial Abuse of Elders
Financial abuse can be committed by strangers who commit fraud, often soliciting credit card numbers from lonely elderly victims by telephone. It can also be committed by family members who have access to an elderly relative’s assets, or by caretakers who forge signatures on checks or transfer funds from an elderly victim’s online account.
Financial abuse might not be discovered until the victim starts receiving overdraft notices or credit card bills for purchases the victim did not make. Regular review of an elderly relative’s financial records is the best way to detect financial abuse.
If you have concerns about your elderly loved one, consult with a nursing home lawyer about your situation and legal options.
May 25, 2019
Find A Dog Bite Lawyer
A pit bull has become the center of a dangerous dog case in Ohio’s Supreme Court, according to Cincinnati.com of USA Today (https://www.cincinnati.com/story/news/crime/crime-and-courts/2019/04/30/dangerous-dog-case-ohio-supreme-court-dog-bites-womans-hand/3628266002/).
Back in May 2016, a pit bull known as “Prince Bane” was accused of a biting the hand of a woman. Joseph Jones, who owns the dog in question, argued in court that his dog did not bite the woman, who lived in a shared apartment complex with Jones in Cincinnati when the incident happened. According to Jones, the woman–who was bit right outside of that shared complex–was instead attacked by a stray dog.
Despite his denials, the court found Jones guilty of not confining a dangerous dog. According to the court filings, the court reached this decision based on the fact that Prince Bane had bitten other people before. However, Jones appealed this decision, and his conviction was overturned by the appeals court because no one had ever formally designated Prince Bane as a “dangerous dog” in a formal court setting before.
Now, the Cincinnati City Solicitor’s Office is contesting the appeals court ruling in Ohio’s Supreme Court. According to the office, the laws of Ohio do not require that a dog be formally designated as “dangerous” before an owner is charged with failing to confine a dangerous animal.
At stake, in this case, is whether the victim whose hand was bitten will be able to receive any restitution for her injuries and other losses. The initial “failure to confine” conviction that Jones received is a misdemeanor in the fourth degree in Ohio. If he wins the appeal, however, this would be lowered to a minor misdemeanor, one that doesn’t allow a victim to receive any compensation related to the bite.
The office also argued that it would be impractical to notify every owner of a dangerous dog across Ohio, and that it had determined Jones should have kept Prince Bane on a leash because there was evidence that the dog had already bitten people and was trained to latch into a person and not let go.
Jones’ representation, in this case, disagrees with the office’s interpretation of the law. According to his attorney, Jones simply can’t be guilty of not confining his dangerous dog because his dog had not been previously labeled as a dangerous dog.
People are watching this case with interest as its outcome will likely have an impact on how dogs are labeled as dangerous and the liability of the owner in those types of cases. There is some concern that an outcome in Jones’ favor could effectively tie the hands of Ohio courts when it comes to cases of dogs who have attacked a person but have yet to be labeled as dangerous in a formal arena.
A dog can cause serious injuries to a person in a relatively short span of time, and these injuries can have consequences for victims over the long term. If you have been injured by a dog in Denver, CO, find a dog bite lawyer for help.
Thanks to Richard J. Banta, P.C. for their insight into personal injury claims and dog bite injuries.
May 24, 2019
Car Accident Lawyer
Seven people were hurt and two people killed by a driver on March 2 in New Orleans, Louisiana, reports the Mid-City Messenger (http://midcitymessenger.com/2019/03/02/nopd-investigating-deaths-on-esplanade-avenue/).
The deadly incident happened on Esplanade Avenue close to Ponce de Leon Street at around 8:00 pm. The site of the accident was a busy area in the city that forms part of the route for Endymion, a famous parade held during Mardi Gras. The driver, 32-year-old Tashonty Toney, fled the scene after the accident but was quickly caught by the New Orleans Police.
According to police, all nine people in the group were bicyclists involved in the state’s environmental justice movements. Toney crashed his Camaro through their bike lane, hit five parked cars and ended up on the pavement. He was going so fast that he pinned one of the bicyclists against a parked vehicle, law enforcement officials believe. Emergency responders pronounced two of the victims dead at the scene, and another three victims suffered serious injuries and were rushed to a nearby hospital.
At least one witness described the driver as “blind drunk,” and Toney admitted he had a problem to police at the scene shortly after he was found. He was allegedly so intoxicated that he passed out from trying to flee the police on foot after the accident and had to be revived once he was located. A group of witnesses say he asked if he had killed anyone and then told them to call his father, who is an officer with the New Orleans Police force.
Toney refused to take a blood test on the scene, but police were able to get a warrant for alcohol and drug testing and say they could smell the alcohol on his breath.
Toney was charged with vehicular negligent injury and homicide, reckless vehicle operation and leaving the scene of a fatal accident. He did not speak at a recent hearing, at which his bond was set at just over $500,000.
This is not the first traffic accident along the famous parade route. In 2017, a drunk and speeding driver hit 28 people on Orleans Avenue right after the Endymion Parade. All 28 people in that case were hurt, but none of the injuries were life-threatening.
The investigation into this deadly crash is still ongoing, so police are asking anyone who may have any information regarding the incident to contact them.
Despite all the nationwide attention on the dangers of drunk driving and the tragic results it can have, people still do it everyday across the nation. In this tragic incident in Louisiana, the dangers that bicyclists face on the road from drivers is also apparent. Bicyclists have far less rider protection than drivers in vehicles do, so auto-bicycle accidents tend to have more serious consequences for the victim on the bike than anyone else.
If you were injured in a bike accident, you may be entitled to compensation for your losses and injuries. Contact an experienced bicycle accident lawyer Denver, CO offers about your case to protect your rights.
Thanks to Richard J. Banta, P.C. for their insight into personal injuries and bicycle accidents.
May 23, 2019
Personal Injury Lawyer
Assault is when a person intentionally threatens or directly inflicts harm against you. Anyone who was arrested and is now awaiting trial over an assault arrest, can rely on the experience of an attorney for protection. Depending on the situation you were in, we can choose a defense strategy that is most appropriate in hopes of at least decreasing your charges if innocence isn’t possible.
An assault charge may be dismissed if the prosecution has insufficient evidence. For instance, perhaps there was no witnesses and the supposed victim didn’t sustain any visible injuries. Without tangible evidence or witness statements, it can be difficult for the prosecution to supply enough reason for the court to convict the accused.
During assault cases, many people assume that the supposed victim had not consented to the physical interaction. Consent can be a useful defense if the victim voluntarily engaged in the situation where he or she knew assault may occur. If assault charges are brought against a person who was playing in a sport, these charges are often dropped because the other player had willingly chosen to participate with a full understanding of the risks.
Lack of Proof for Intent
There must be direct evidence that the accused had intent to harm another, and that he or she did in fact commit each aspect of the crime. Failure to prove that a physical act occurred and/or caused reasonable fear to the victim may result in a dismissal of charges. With help from an attorney, the accused can fight against the charge by claiming there is a lack of proper evidence to convict.
Defending Oneself and/or Property
Every person has the right to defend themselves, their home, and/or their loved ones. But, this doesn’t mean you can inflict harm to any degree against someone who has assaulted you. If someone attacked you or a family member, you are permitted to defend through physical actions if needed. However, if you go beyond what is deemed “reasonable force” you may be faced with an assault charge.
An attorney may suggest using the provocation defense if there is little chance of you walking away with a dismissed charge. Provocation can help lessen the accused’s sentence. For example, the charge may be decreased if it can be shown that intense provocation was an element of the interaction, which led to the accused reacting physically against the instigator.
While insanity is usually a defense option for most accusations, it shouldn’t be used lightly. Claiming that you were insane at the time of the crime and/or during trial can be challenging to present in court. You may need testimonies from your treating therapist or psychiatrist to support insanity claims. Even if your insanity defense is successful, you may have to enter a mental hospital.
Assault is considered a violent crime, and may result in overly harsh punishments by the court. A personal injury lawyer in Minneapolis, Minnesota can advocate for your behalf and can push for a plea deal if being dismissed of charges isn’t possible. Please call today so an attorney can get started.
Thanks to Johnston | Martineau, PLLP for their insight into personal injury and assault injuries.