Legal Blog news and articles from the Goinglegal Team

Immigration Consult

2008-01-07T03:54:00.001-08:00

Immigration Consult is a new up and coming site which will be able to give you information on:

• Apply for a Visa, Entry Certificate, EEA Family Permit or Exempt Vignette

• How to become a British National

• Asylum applications, support and appeals

• Understanding the Immigration Rules

• Information on Travel Documents and obtaining your Passport

• Register will the local Police if necessary once you are in the UK

If you live outside of the UK and want to come and live in the UK, visit for a long period, or temporialy living in the UK you will either need a Visa, an Entry Certificate, a EEA Family Permit or an Exempt Vignette. You will need to apply for one of these in the country you are currently living, when you are outside the UK not already in the country.

For more information visit: Immigration Consult.

Lawyers Aware

2007-11-28T02:15:00.000-08:00

The Lawyers Aware project was pioneered by SIFE Lancaster (www.sifelancaster.org) in February 2007. Its aim is to help Law students succeed in the legal profession’s highly competitive graduate recruitment process by improving their commercial awareness.

Commercial awareness is essentially the ability to think in a commercially relevant way. It is a skill graduate recruiters from commercial Law firms are increasingly seeking because solicitors are no longer guardians of the Law, but business advisors charged with making real commercial decisions for their clients on an everyday basis, in every corner of the globe. The project consists of three one-week business simulation games that require teams of students from universities across the Northwest of England to negotiate their way through three commercial Law disputes, covering the topics of Intellectual Property, Corporate Social Responsibility and Mergers and Acquisitions. The course, which is conducted entirely through our specially designed web-based learning portal, encourages students to think beyond the Law to understand the commercial significance of the decisions they are making and the outcomes they are negotiating for their clients. Throughout the scheme, students are provided with a comprehensive reading list to help increase their understanding of the relevant commercial and legal issues within each of the scenarios, and each weekly negotiation ends in an assessment. In its first year the scheme obtained support from pre-eminent Law firms Eversheds, Lovells and Walker Morris and involved student participants from both Manchester University and Lancaster University. In 2008 the Lawyers Aware Team intends to develop the project by incorporating more universities and gaining further recognition from other prominent Law firms in the United Kingdom.

For more information visit the Lawyers Aware programme.

Preparing Your Motorcycle Accidents Claim

2007-09-03T12:48:00.000-07:00

Claiming for compensation when you have been involved in a motorcycle accident has never been easier. There are a vast number of companies who are available to help, many of whom offer no win, no fee agreements. This means that whatever the outcome of the accident claim, you will not be liable to pay for the costs of your lawyer. Instead, they recoup that from the other party. If you have been involved in a motorcycle accident on the road which was not your fault, then you are legally entitled to claim compensation for your injury, and any damage to your bike.

To prepare a motorcycle accident claim, firstly it is imperative to seek medical attention immediately after the incident. The reasons for this are threefold; firstly, and most obviously, your injuries most likely need treatment, and even if this is not the case it is advisable to be checked over anyway. Secondly, any delay in seeking medical attention may raise questions and doubts surrounding your accident claim. Finally, medical reports can be key material when the amount of compensation being dished out is decided, and so any documentation should be copied and kept safely.

At the scene of the accident itself, if possible, all the details of any other parties involved in the collision should be collected, as well as phone numbers of any people who witnessed the event. This will help to give a true reflection of what happened, again so that the compensation payout is maximised. Similarly, pictures should be taken where possible, as this will help to strengthen the case. If there are any gaps in the story, or anything which doesn’t quite seem to add up this will be jumped upon by the defence and you may end up with nothing.

Compensation claims involving motorcyclists are steadily on the increase, and more and more people being to realise that they are entitled to compensation for their injuries. Despite public opinion that motorcyclists are a nuisance, and drive too fast and recklessly, it is often other road users who are at fault for accidents. However experienced a biker, however many miles that have been clocked up since they began using their bikes and however skilled a biker thinks they are, there is nothing that can be done about the negligence of other motorists. Car drivers are sometimes caught unaware by passing motorcyclists, which can lead to devastating collisions and accidents. On top of this, there is the problem of the road surfaces themselves, which are a lot harder to contend with when on a motorcycle than in a car.

All in all, accidents involving motorcycles often end up with the rider being thrown large distances from the bike, and sometimes being crushed underneath them and dragged many feet. The end result is often hugely traumatic, and can cause serious injury as well as psychological impairments. Therefore, when another driver is at fault for the collision, it is highly likely that you will have a strong case to claim compensation, and it is worthwhile getting in contact with one of the many personal injury claims companies around.

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Accident claims for the UK market contact Accident Consult for your no obligation consultation. They are experts in dealing with Motorcycle Accident Claims.
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Do I need a business Angel?

2007-09-03T12:32:00.000-07:00

You need a business angel if you need some money to invest in your business and if you think you could do with a mentor. Generally Business Angels will not invest in your company if they believe the company has no future and is a bad idea. If however they think your business is an innovative idea and has great marketing potential and selling ability then your are on to a good start. If you have an already established business and are looking to expand over seas for instance then a business angel might be just what you are looking for. They can come up with the finance for your and help with the expansion. Business start ups are also another area where business angels can help.

What is a business angel?

Business Angels are people that have successfully demonstrated entrepreneurial flair and who are willing to help others with there money and advice. Of course this help comes at a cost and they will expect something in return. They are not stupid and would not give out money willy nilly. They will expect a stake in the business and will only invest in companies they see as worthy. Business Angels and mentors form part of a growing investment community in this fast moving and constantly changing society.

What is the difference between a Business Angel and a Venture Capitalists?

Venture Capitalists usually make much larger investments than business angels. Business Angels generally will invest between £10,000 and £250,000 but will not invest regularly. Venture Capitalists usually make much larger investments generally a minimum of £2 million and they don’t often help start-ups. The type of input you get with a Venture Capitalist is more formal and more hands off but a Business Angels will take a on hands on role in management.

What steps should I take to become a successful entrepreneur?

• If you are starting up a business, do not do it for money, do it for the love of it. Businesses take time to set up so make sure you are enjoying what you are doing.
• Make sure you know about the business you are setting up.
• Be persistent – a successful business takes lots of time and hard work.
• Learn from your mistakes, do not be afraid of them
• Use your common sense.
• Ensure the people you work with like you and you like them.
• Be self-disciplined.
• Get a mentor and listen to their advice

What does entrepreneur actually mean?

Well the work comes from Old French meaning ‘to undertake’. However in the Oxford English Dictionary the meaning is ‘One who undertakes an enterprise; one who owns and manages business; a person who takes the risk of profit and loss’. The important things to take note of are ‘undertake’, ‘risk’ and ‘enterprise’.

How do I know if I have a good business start-up idea?

The key ingredients of a good business start-up idea are a great innovative idea, the right marketing opportunity, good selling ability, a realistic finance strategy, a team of experienced people and lots and lots of time. If you have all of these then you are on to a winning formula. All you will need now is a Business Angel to get the finance needed and the expert advice.

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Angel Startups is an internet resource for small businesses, start up companies, entrepreneurs, bankers, loan companies, venture capitalists and Business Angels.

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Business Angel for lawyers

2007-02-20T15:33:00.001-08:00

Raising capital is one main concern in any business startups. Business Angels are a way for startup businesses to raise money. Business angels are usually former entrepreneurs or executives which have past experience and business skills which can help provide capital and business advice in return for shares in the business. They will want to make a smaller investment than a venture capitalist and will take a more active role in the business. Compared to Venture Capitalists Angels take a vested interest in the business and an active role as they are taking a risk by investing in them.

http://www.angelstartups.com/content/angels.php

Business Angels are called this because they often save struggling firms with both finance and advice when no one else will. Angel investors understand the needs of a new business through there own experience and are able to advice and aid the companies in many ways.
Whether you need funding for your business or want to invest in a business, we are here to help you. If you want to invest in a new venture we will present you with professional accurate realistic business plans. We shall also send you a proper strategy along with realistic contingencies which have been incorporated into the plan to ensure that our business plans are viable and stand up to real scrutiny.

Pay as you go solicitors

2007-02-12T02:17:00.000-08:00

Do you have a problem you'd like to discuss with us? Pay as you go solicitors are a service that provides a realistic turn around time to value-conscious customers. We fix a fair fee paid before the job commences with no extra bills to follow. You provide full details of your problem to get a cost-effective quotation. Your co-operation is vital in assisting us to assist you.

What we can do for you is:
*Assisting you in your search for a problem-
solving solution by considering your case
*Advising on evidence
*Writing letters for you
*Drafting applications to the court
*Preparing agreements
*Giving you legal, procedural and realistic business advice

Have you got no representation at court? We can help with interviews by police, immigration prenuptial agreements, small claims court, bankruptcy guidance,
laying information in a Magistrates Court, cohabitation agreements, general civil litigation, IVA Guidance, advising on specific criminal matters, drafting plea in mitigation, matrimonial financial settlements and injunctions, solicitors and accountants negligence, insolvency practitioners and other 3rd parties, statutory declaration change of name loss passport, matrimonial financial settlements and advising partners of troubled partnerships.

Whatever your legal needs are, visit our website and contact us for a free no obligation quote. www.payasyougosolicitors

No Win No Fee

2006-11-29T14:03:00.000-08:00

No Win No Fee

Author: Carolyn Clayton
No win no fee or “Conditional fee agreements” were first introduced in 1995 when Legal aid was still available for personal injury claims. It was introduced to give people with incomes above legal aid eligibility limits the chance to fund personal injury litigation.

People whose income was just about the limit were still finding it difficult to pay for a solicitor so a lot of people didn’t bother. This “no win no fee” agreement eventually became available to fund most civil cases and the consequence of this was that legal aid was abolished 2000. The number of claims has dropped since this time contrary to popular belief.The term “No win no fee” can be misleading. It makes it sound as though there will be no costs if the case is lost which is not necessarily true. The looser pays the winners cost as well as any damages. But there is still a risk of having to pay the other sides cost if the case is lost which might include medical reports which are not normally covered by no win no fee agreements.

This needs to be addressed further and made clear to people before they start proceedings. Too many companies are putting a lot of emphasis on getting cases and selling their legal and insurance products. Conditional fee agreements are creating incentives for the legal profession for financial gain. Using the popular “no win no fee” to entice people is misleading and wrong. Many companies are only too each and too quick to let their clients sign the “Conditional fee agreements” without the clients truly understanding all the risks and liabilities they may be exposing themselves too. The great thing about no win no fee agreements is that solicitors will not take on a case unless they are sure they will win it, other wise they will be working for nothing and most solicitors are not stupid, they will not work for nothing. It is quite easy for an experienced solicitor to analysis the outcome of a case before even taking the case on which is why they can offer the “no win no fee” agreement.

More than 2.5 million people in the UK have accidents each year, and very few claim compensation for their injuries. People who have an accident don’t realise how simple it is to make a claim for compensation or simply cannot be bothered. What a waste. If the accident was not your fault then it is your legal and civil right to claim. Many people don’t understand the meaning of “no win no fee”, and are put off by solicitors because of the fees they charge. And people who have little experience with the legal system are less likely to put in for compensation after an accident. People need to be educated and realise that it really is a simple process, without huge forms to fill out and is really risk free.

It only takes a simple phone call to get the advice and assurance needed when thinking about applying for compensation.So if you have been injured in an accident and you want to be compensated for your pain and suffering and for the money you may have lost through lack of earnings then you should find a solicitor that works on a “no-win no-fee” basis. It is nothing to be worried about, the solicitors will explain how simple and easy it is to make a claim and also how this is a risk free option. There are many “No win no fee” websites around with lots of information regarding the way they operate and also the likely financial outcome of different types of accidents.So it really is worth putting a claim in for compensation if you have been injured. If the accident was not your fault then you are entitled to being compensated and you should apply.

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Accident claims for the UK market contact Accident Consult for
your no obligation no win no fee accident consultation services.
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Whiplash Compensation Claims

2006-11-29T14:02:00.000-08:00

Whiplash Compensation Claims

Author: Carolyn Clayton
Most whiplash injuries occur when you are in your car and another car smacks into the backend of your car. The impact of the collision pushes your car forward and your whole body is thrown forward and then backwards.

People who experience whiplash may develop one or more of the following symptoms, usually within the first two days after the accident, neck pain and stiffness, headaches, pain in the shoulder or between the shoulder blades, low back pain, pain or numbness in the arm and/or hand dizziness ringing in the ears or blurred vision, difficulty concentrating or remembering, irritability, sleep disturbances, fatigue. The extent and type of injuries varies from person to person. Most injuries are to soft tissues such as the disks, muscles and ligaments, and cannot be seen on standard X-rays.

Your doctor may need to request specialized tests. Most people recover quickly although a small number develop chronic conditions that result in severe pain and sometimes disability.To treat whiplash the best way is to encourage movement from early on, rather than immobilization. You can have a soft collar that can be used in the short term. It is recommended to add ice in the first 24 hours, followed by gentle active movement. Your doctor may provide you with a series of exercises that you can do at home. An early return to work is encouraged, even if your doctor must prescribe some temporary modifications in your work situation.For pain relief you can get medication from your doctor, but exercises, physical therapy, traction, massage, heat, ice, injections and ultrasound are all proven to be beneficial. Most symptoms should resolve themselves within several months for most people who have whiplash but chronic conditions should be investigated further and might require surgery.

Claiming compensation for whiplash is your civil right. If someone collides with your car and you suffer whiplash as a result then you are entitled to receive compensation. Most personal injury solicitor will have dealt with a whiplash claim so would be able to advice you. You may have taken some time off work or in severe cases have to deal with an immobilising disability. And if the accident was not your fault then you would be daft not to take legal action. There are now “no win no fee” agreements where solicitors take on a case for nothing and only get paid at the end if the case is successful. You need to find a good solicitor that explains everything clearly. Some companies have hidden costs that you need to be aware off. Finding a company that offers straightforward advice for no charge is the best place to start.
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Carolyn Clayton is the webmaster of Whiplash UK a popular whiplash article site. Please feel free to republish this article providing this resource box remains intact with a working hyperlink to our site.

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Facts on No Win No Fee

2006-11-29T14:01:00.001-08:00

Facts on No Win No Fee Compensation Claims

Author: Carolyn Clayton
More than 2.5 million people in the UK have accidents each year, and very few claim compensation for their injuries. Seeking compensation for pain and suffering is a civil and legal right. The type of accident could be work related, a road traffic accident or a slip in a super market or something more serious like medical negligence.

Whatever type of accident, as long as you’re not responsible then you are entitled to compensation. These people that have suffered from injuries due to no fault of their own deserve compensation for their suffering and with UK law the liable party must compensate the injured person for their loss of suffering. The financial loss could be due to loss of earnings or due to damages to their car or any other personal item. In some extreme cases the loss of a job and whole way of life might be lost. Some people may have to adapt their homes to deal with the injury permanently. Also stress depression and anxiety are all illnesses that may not have occurred in the accident had never happened. This is why it is ethically right that people should have the opportunity to claim compensation for their injuries however mild or severe they maybe.

Only about 30% of accident victims seek out a personal injury lawyer and sue for compensation. “Conditional fee agreements” or better known as the “no win no fee” was introduced in 1995 when legal aid was still available for personal injury case. The reason it was introduced was to give the people with incomes above legal aid eligibility limits the chance to fund personal injury litigation. People whose income was just about the limit were still finding it difficult to pay for a solicitor. This “no win no fee” agreement eventually became available to fund most civil cases and the consequence of this was that legal aid was abolished 2000. Contrary to popular belief there has not been a compensation boom, in fact the number of claims has dropped since this time.

The term “No win no fee” is misleading and there is widespread misunderstanding of the term. It sounds like there will be no costs if the case is lost. This is not true. The looser pays the winners cost as well as any damages. But there is still a risk of having to pay the other sides cost if the case is lost, also medical reports etc are normally not covered by no win no fee agreements. This needs to be addressed further and made clear to people before they start proceedings. Many companies are putting to much emphasis on getting cases to work on and selling their legal and insurance products. Conditional fee agreements are creating incentives for the legal profession for financial gain. Using the popular “no win no fee” to entice people is misleading and wrong.

Many companies are only too each and too quick to let their clients sign the “Conditional fee agreements” without the clients truly understanding all the risks and liabilities they may be exposing themselves too. There needs to be more emphasis on advising and explaining what the agreement really means. What the real financial risks are and what can be done to prevent these. A system of regulation should be introduced to protect the people and surely is the only way forward.Positive outcomes can be the lessons learnt from compensation claims. Unfortunately sometimes it takes an accident for employers and the public to realise the dangers in the first place. It is a shame someone has to suffer, but on the whole a lot of people should benefit from this. We all have to take reasonable steps to prevent harm from arising whether we are employers or citizens Looking for a good personal injury solicitor is a must.

A well known company with experience should offer you the best consultation. If the solicitor has never delt with your type of accident or injury claim keep looking for one that has. Good legal firms will offer free advice and consultations. Accident claims for the UK market contact Accident Consult for your no obligation no win no fee consultation services.

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No Win No Fee Explained

2006-11-29T14:01:00.000-08:00

“No Win, No Fee” Explained in Simple English

Author: Carolyn Clayton
Are you confused with legal terms? Would you like the common phase “no win no fee” explained in simple English?So what does “No win, No fee” actually mean? Well if you win the compensation case, you will get your compensation in full you’re your solicitor will not deduct any for any legal expenses. With the common no win no fee scheme; the solicitor is agreeing that even if you win the case his legal fees will be taken from the insurance company of the person or organisation responsible for your accident. But if you lose the case then you still do not have to pay anything. Basically is a risk free claim.The no win no fee phenomenon is ideal for people of a lower income who lack the financial resources.

It is for everyday people that have an accident and want the chance to be compensated for their suffering. The money they could win for you could help you rebuild your life, ease the suffering by giving you some money to enjoy for maybe a much needed holiday. Solicitors will not take on a case unless they are sure they will win it, other wise they will be working for nothing and most solicitors are not stupid, they will not work for nothing. It is quite easy for an experience solicitor to analysis the outcome of a case before even taking the case on which is why they can offer the “no win no fee” agreement.Lots of people who have an accident don’t realise how simple it is to make a claim for compensation. Many people don’t understand the meaning of “no win no fee”, and are put off by solicitors because of the fees they charge.

And people who have little experience with the legal system are less likely to put in for compensation after an accident. People need to be educated and realise that it really is a simple process, without huge forms to fill out and is really risk free. It only takes a simple phone call to get the advice and assurance needed when thinking about applying for compensation.So if you have been injured in an accident and you want to be compensated for your pain and suffering and for the money you may have lost through lack of earnings then you should find a solicitor that works on a “no-win no-fee” basis. It is nothing to be worried about, the solicitors will explain how simple and easy it is to make a claim and also how this is a risk free option.

There are many “No win no fee” websites around with lots of information regarding the way they operate and also the likely financial outcome of different types of accidents.So it really is worth putting a claim in for compensation if you have been injured. If the accident was not your fault then you are entitled to being compensated and you should apply.Accident claims for the UK market contact Accident Consult for your no obligation Accident Consultation services.
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Road Accident Compensation

2006-11-29T13:49:00.000-08:00

Road Accident Compensation

By Julian Hall
Claims MasterGroup
Before making a road accident compensation claim, there arespecial issues which may affect liability.

CouncilImmunity: This states that a class=GramE>victims injury may limit an injury victim's ability tosue when the driver of the vehicle that causes an accident is a councilemployee who is working at the time of the accident, or where the accidentinvolves a council-owned vehicle in view of aroad accident compensation claim.

OwnerLiability: This states that even if avehicle is borrowed to a third party, if an accident ensues, the owner maybe jointly liable for damages caused by the third parties fault.
Company/ Employer Liability: This states that here anemployee is driving a vehicle "on the job", or within the courseand scope of employment, the employer can be jointly liable for injuriescaused by the employee's negligent driving conduct.

MobilePhone Usage: Mobile phone usage whilst drivingis banned in the UK.Employers may want to consider the following best practice guidelines.Mobile phones should be switched to voicemail when the user is driving.Emergency calls only should be made / received when on the moveEmployees should be encouraged to only make or receive calls - even with ahands-free kit ? when they are safely parked away from the road. Any accident caused in this way will affect anyroad accident compensation claim .

Insurance Cover
The insurance problems car accident victims have withinsurance coverage typically fall into three categories:

UninsuredDriver - Unfortunately there are agrowing number of people who are driving without any car insurance, an MOTand in some cases a driving license. In the w:st="on">UK, thereis an organisation called the MIB (no they don't wear black suits) whichstands for the "Motor Insurers Bureau" who deal with paying out claimsagainst uninsured drivers. This was set up to offer victims of uninsureddrivers a way to gain a Aroad accident compensation claim that could then be reclaimed from theuninsured.

UnderinsuredDriver - Underinsured Motorist coverageis the term used when the other vehicle's policy limit is inadequate topay for all your damages.

Provided you have a Standard Policy, your own insurance company may payfor damages to your vehicle caused by; any person or organization class=GramE>who did not have liability insurance at the time of theaccident. Any person or organization who had adequate liability insurancecoverage at the time of the accident, but for some reason, the companywriting the insurance denies that their policy provides coverage for the class=SpellE>loss. Any person or organization who did not carryenough insurance to pay for your damages in full. Ifyou only have a Basic Policy, you do not have any protection if yourvehicle is damaged by either an uninsured or underinsured driver.
InsuranceCompany Bad Faith - style='font-weight:normal'>Anxiety and distress arenatural emotions caused when an insurancecompany refuses to pay.

In many circumstances there may bea legitimate reason for the insurer notpaying, but there have also been a number of cases wherethe insurance company's refusalhas been considered unreasonable, unfair and in ' style='font-weight:normal'>bad faith'. In legal terms, theinsurance company has acted in breach of contract.

f you need advice or would just like to speak to someone, please don'thesitate to give Claims MasterGroup a call on 08000 71 22 71.
The href="http://www.claimsmastergroup.com/">Personal Injury, Accident Claim, href="http://www.claimsmastergroup.com/">No Win No Fee, href="http://www.claimsmastergroup.com/">Road Accident Compensation specialists.
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Auto Accident Compensation

2006-11-29T13:48:00.000-08:00

Your Auto Accident Compensation Claim

Author: David Hackbart
An auto accident can result not only in personal injuries but also to loss of lives and financial difficulties. Thus, it is important that each one knows the proper thing to do when they or anybody they know gets involved in an auto accident.

An auto accident can be in the form of an accident involving any motor vehicles. It can also be a motor accident involving two motor vehicles or even a motor vehicle and a pedestrian or onlookers. When the victim suffers any personal injury he can file a compensation claim. Many motor accidents create an unnecessary inconvenience to the victim who may suffer personal injuries. The accident can also result to damage to the vehicles involved this also causes inconvenience and delay to the owner.People who are victims of a motor accident can avoid financial expenses for their vehicles or even for their personal injury by making a compensation claim either for the vehicle damaged or to any personal injury suffered.

In any case, it is always advisable to get the services of a competent lawyer because they are the experts in this area and they will know how to handle your compensation claim arising from the motor accident.Contrary to common belief, getting the services of a lawyer generally will not cost you because the payment is charged against the insurance company of the person who was at fault and caused the accident. There are lawyers who work and negotiate a good compensation claim package for the victim but who agree to write the charges off if they are not successful in getting a hundred percent of the compensation claim.A person who gets injured in an auto accident should first seek medical treatment for any injury he may have suffered.

The health of the victim is of course the first priority but it is also important that the victim have a fair compensation agreement. The best thing to do after a thorough medical or chiropractic check up is to contact a competent law firm who can handle your compensation claim.When the motor vehicle gets damaged, a lawyer can negotiate a replacement vehicle for him which he can use until such time that his vehicle is repaired or his compensation claim is paid in full. A compensation claim arising from auto accident may include compensation for the loss of present and future earnings of the victim, the medical expenses he has incurred, compensation for the pain suffered by the victim and many others.

To be more prepared visit www.mylawadvice.com David A HackbartPrinciple of DYBBeing involved in an auto accident, particularly if you are the victim, can be physically as well as psychologically challenging considering the injuries, the mental anguish and the expenses that will be incurred as a result of the injury. It is always a good decision to get the help of the experts to make the suffering lighter and more bearable.

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Automotive Accidents in New York

2006-11-29T13:47:00.000-08:00

Automobile Accidents in New York

Author: Anthony A. DiNitto DiNitto
An automobile accident is sometimes a simple routine case or at times can be a very complex matter. It all depends on the circumstances surrounding the accident, types of insurance coverage available, whether an accident reconstruction expert needs to be retained and whether the case also involves defects in the cars involved. A case could also be complicated if the injuries sustained by the parties deal with multiple complex injuries to the joints, involving surgery and other procedures. TIMELY GATHERING OF INFORMATION IS IMPERATIVE The statute of limitations, which is the time limit in which a lawsuit has to be filed, varies. It can be three years or less, depending on the defendant.

For example, if the defendant is an employee of the State of New York, or other municipal employee, the time to file a claim is 90 days. If the defendant is a private individual or corporation, then the statute of limitations is three years. If the case involves death then the time limit is two years. There are also time limits insurance carriers require for coverage. Any claim for no-fault requires a notice to the insurance company within 30 days. In addition, if one makes a claim under the SUM coverage (supplementary uninsured underinsured motorist coverage), then notice also needs to be made within 30 days. Finally, if there are parties that have no insurance coverage, an individual will have to file a claim with the Motor Vehicle Accident Indemnification Corporation and that claim needs to be filed within 180 days. Other factors such as location of witnesses and obtaining statements while the incident is fresh in their minds are also important.

The vehicles involved also need to be thoroughly examined, photographed and sometimes stored for evidentiary purposes. SERIOUS INJURY THRESHOLD MUST BE MET Automobile cases are further complicated by the serious injury threshold set forth in the New York State Insurance Law. In the mid 70's New York became a no-fault state which meant that all occupants of motor vehicles involved in car accidents had up to $50,000 in lost wages and medical coverage regardless of fault. Prior to passage of this law you had to sue the other driver for medical bill payments and lost wages. However, the tradeoff with this $50,000 in coverage is proving you had a "serious injury" before recovering for pain and suffering resulting from the injury.

A "serious injury" is defined as fracture, death, dismemberment, loss of use of a body organ function or system, significant limitation of body organ function or system or an inability to perform substantially all of one's daily activity for a period of 90 out of 180 days following the accident. The criteria can at times require significant knowledge of the law and significant work up of the medical evidence in order to meet the requirements of the threshold. Article Source: ArticleCity.com Anthony DiNitto is a partner with the Faraci Lange law firm based in Rochester New York. The Faraci Lange firm is considered one of Western New York's leading personal injury firms.

Anthony DiNitto has represented catastrophically injured plaintiffs in all types of cases including auto, defective products and premises and construction accidents. He is a member of the Association of Trial Lawyers of America and a member of the board of directors of the New York State Trial Lawyers. He is the current president of the Genesee Valley Trial Lawyers Association. He can be contacted at adinitto@faraci.com or (585) 325-5150. You can also visit the firm's web site at www.faraci.com
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Article site

2006-06-28T12:30:00.000-07:00

http://www.expertlaw.com/library/ possible place to submit aritcles too.

A

Cateogory ideas

2006-06-26T12:32:00.000-07:00

Administration and Government

Admiralty and Maritime

Adoption

Age Discrimination

Agriculture and Livestock

Antitrust

Appeals

Arbitration

Art

Auto/Trucking Accident

Aviation

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Misdemeanor Case

2006-06-18T03:19:00.001-07:00

The Process in a Misdemeanor Case
Posted: 08-06-2006 Views: 23
Author: Darren Kavinoky

The Process in a Misdemeanor Case ArraignmentThe arraignment is the defendant’s first court hearing after the arrest, booking, and initial bail phases of the criminal process have taken place. This is usually the first opportunity for the defendant to hear the charges pending against him and provides the defendant the opportunity to plead to those charges. A prompt arraignment is related to the Constitutional safeguard of providing a “speedy trial.” The arraignment date will be dependant on several factors. The defendant's custodial status is the most important factor. If the defendant is in custody, arraignment must take place within 48 hours, not including weekends and court holidays after the arrest. If the defendant was arrested without a warrant and has not yet been released, the arraignment is usually combined with a probable cause determination. This determination must be made by a magistrate as soon as reasonably feasible but no later than 48 hours after arrest; weekends and holidays may not be excluded from the 48 hours.If the defendant is out of custody, then they must be arraigned at least 10 calendar days after arrest unless the defendant consents to earlier date.

However, for out of custody defendants arraigned on a misdemeanor complaint, the prosecutor has 25 days after the misdemeanor citation is issued to file a formal complaint. There is no statutory deadline for arraignment. Thus, for most misdemeanor citations issued for DUI cases, the arraignment may be 30-45 days in the future. What normally happens at an arraignment is that the person charged with a crime is called before a criminal court judge. The judge will follow this basic procedure:  The judge will read the criminal charge or charges against the person, who is referred to as the "defendant"  The Judge will ask the defendant if he or she has an attorney, or needs the assistance of a court-appointed attorney  The Judge will ask the defendant to answer, meaning "plead", to the criminal charges. The defendant has three choices: "guilty," "not guilty," or "no contest" The Judge will then decide whether to alter the bail amount or to release the defendant on their own recognizance The Judge will announce the dates of future proceedings in the case, such as the preliminary hearing, pre-trial motions, and trial. Pre-Trial ConferenceThe purpose of a pre-trial conference is to allow the judge, the prosecuting attorney, and the defendant's lawyer to discuss the case, and hopefully reach a settlement. This is the time when the strengths and weaknesses in the case are first brought out and where the prosecutor and defense lawyer will negotiate on a possible settlement.

A pre-trial conference is normally set two to three weeks after the arraignment. Where a negotiated settlement can be reached, the defendant will enter a plea, such as guilty or nolo contendere, or the matter will be dismissed. If the defendant still pleads "not guilty," the judge will set a court date for trial.During this period a number of pre-trial motions are sent between the prosecutor and the defense. Types of pre-trial motions, also called “motions in limine” are discovery motions, suppression motions, and other types of motions, like a Pitchess motion (a motion to reveal the personnel records of law enforcement officers, where there is an allegation of the use of excessive force or racial bias).TrialA trial may be conducted as a “bench trial” where the judge alone will hear and decide the outcome in the case, or a jury trial, where a person’s guilt or innocence is decided by a jury of 12. It is a constitutional right to be judged by a jury of one’s peers, although the actual ethnic and gender make-up of the panel may not really be the same as the defendant. A jury is made up of people in a certain geographic area relative to the courthouse. The courthouse where the case is heard is in the same geographic area where the crime was committed. Depending on what type of crime it is, the length of the trial will vary.

The basic structure of the trial is as follows: Jury Selection: this process can take several days. Both the prosecutor and defense attorney are given the opportunity to “voir dire” the prospective jurors to determine their fitness for trial. Either side may move to exclude a juror for cause, such as bias, or exclude them based on a limited number of “peremptory” challenges.  Opening Statement: Where both the prosecutor and defense attorney are allowed to give their “version” of the case to the jury. Direct Examination: Where both sides are allowed to call witnesses for their case. Cross-Examination: Where the side that didn’t call that witness are allowed to question the witness. The major difference between cross and direct examination is that in cross-examination, the lawyer is allowed to ask “leading” questions.  Closing Argument: Where both the prosecutor and the defense attorney are allowed to “sum up” their respective cases, highlighting the evidence that favors their case. The closing argument will often conclude with the lawyer asking the jury to find for their case. Jury Instructions: The judge will advise the jury how to interpret the evidence in the case, based on preset jury instructions, normally prepared “CALJIC” instructions.  Jury Deliberations: Where the jury is first allowed to discuss the case among themselves, deciding the facts of the case within the framework of the jury instructions. SentencingThe judge decides how to sentence the defendant, not the jury. In a misdemeanor case the judge may sentence the defendant to county jail, impose fines, and may or may not impose a term of probation.If you or someone you care about has been charged with a crime, whether it is a felony offense or a misdemeanor, it is vital that effective legal representation be obtained.

Please contact the criminal defense lawyers at The Kavinoky Law Firm for the unparalleled service in any criminal defense case.This article is free for republishing Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that handles criminal defense matters exclusively. Darren has provided legal commentary on Larry King Live, the Today Show, Celebrity Justice and many other TV and radio programs. He is a nationally-renowned lecturer and author who delights in sharing his experience with others. More information about Darren and The Kavinoky Law Firm can be found at http://www.nocuffs.com or www.NoCuffs.com.

2006-06-18T03:19:00.000-07:00

Who is Required to Register under Megan’s Law
Posted: 08-06-2006 Views: 42
Author: Darren Kavinoky

Who is Required to Register under Megan’s LawThe following persons are required to register, according to California Penal Code Section 290:(1) any person who, since July 1, 1944, has been or is convicted in any court in California or in any federal or military court of:(a) kidnapping, regardless of whether or not a ransom is demanded, to commit rape, sodomy, lewd or lascivious acts, or oral copulation;(b) assault to commit rape, sodomy, or oral copulation;(c) sexual battery;(d) rape:(i) when the victim is incapable of giving consent;(ii) by force or fear, or in concert with force or violence;(iii) by threat of retaliation;(iv) of a drugged victim;(v) of a victim unconscious of the nature of the act; or(vi) of a spouse by force or violence for which the offender is sentenced to the state prison;(e) enticement of a minor female for prostitution;(f) induced intercourse or sexual acts by false representation with the intent to create fear;(g) pimping or pandering, where the person engaged in prostitution is a minor and the offense is committed after January 1, 1998;(h) procurement of a minor under 16 for lewd and lascivious acts;(i) abduction of a minor for prostitution;(j) aggravated sexual assault of a minor;(k) incest;(l) sodomy;(m) lewd or lascivious acts or conduct;(n) oral copulation;(o) continuous sexual abuse of a minor;(p) sexual penetration with a foreign object;(q) distributing, for commercial purposes, obscene matter depicting a minor engaged in or simulating sexual conduct;(r) advertising, distributing, exhibiting, exchanging, or selling obscene matter depicting a minor engaged in or simulating sexual conduct;(s) distributing, exhibiting, or exchanging obscene matter with a minor when such matter depicts a minor engaged in or simulating sexual conduct;(t) sexual exploitation of a minor;(u) employment or use of a minor to perform prohibited acts;(v) possession of matter depicting a minor engaged in or simulating sexual conduct;(w) annoying or molesting a minor under 18;(x) soliciting another to commit rape, sodomy, or oral copulation by force or violence;(y) indecent exposure, or assisting in an act of indecent exposure;(z) sending harmful matter to a minor by telephone messages, electronic mail, Internet, or a commercial online service, as long as such offense constitutes a felony; or(aa) an attempt to commit an offense listed in (a) through (z) above;(2) any person who, since July 1, 1944, has been or is released, discharged, or paroled from a penal institution where he or she was confined because of the commission or attempted commission of an offense listed in (1) above;(3) any person who, since July 1, 1944, has been or is determined to be a mentally disordered sex offender or any person who has been found guilty in the guilt phase of a trial for an offense for which registration is required but who has been found not guilty by reason of insanity in the sanity phase of the trial;(4) any person who, since July 1, 1944, has been, or is convicted in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in California, would have been punishable as one or more of the offenses described in (1) above, or any person ordered by any other court, including any state, federal, or military court, to register as a sex offender for any offense, if the court found at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification; or(5) any person ordered by any court to register for any offense not included in (1) through (4) above, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification.

This article is free for republishing Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that handles criminal defense matters exclusively. Darren has provided legal commentary on Larry King Live, the Today Show, Celebrity Justice and many other TV and radio programs. He is a nationally-renowned lecturer and author who delights in sharing his experience with others. More information about Darren and The Kavinoky Law Firm can be found at http://www.nocuffs.com or www.NoCuffs.com.

Articles 8

2006-06-18T03:18:00.001-07:00

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Oral Copulation
Pimping/Pandering
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2006-06-18T03:18:00.000-07:00

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