Tuesday, September 29, 2009
Texas Bar Profile of Injury Lawyer Stephen Daniel
For lawyer profiles, the Texas Bar Association randomly picks one of 80,000-plus attorneys, contacts them, and does a Q&A. Click here for the one of Stephen Daniel.
Click here for the profile of Stephen Daniel
Wednesday, September 9, 2009
New law makes millionaires of Texas prisoners exonerated by DNA
Under a new Texas law that takes effect this week, dozens of prisoners who have been wrongly convicted will become instant millionaires, the Associated Press reports.
They will get $80,000 for each year they spent behind bars, the AP says. The compensation also includes lifetime annuity payments that for most of the wrongly convicted are worth between $40,000 and $50,000 a year.
The biggest compensation package will likely go to James Woodard, who spent more than 27 years in prison for a 1980 murder that DNA testing later showed he did not commit.
He eventually could receive nearly $2.2 million, the AP says.
The AP profiles Thomas McGowan, 50, who is among 38 DNA exonerees in Texas. McGowan spent 23 years in prison for rape and robbery before he was cleared last year.
Texas legislators last spring increased compensation and expanded payments to include the estates of deceased inmates as part of the law named for a Texas Tech student who died in prison serving a 25-year sentence for a Lubbock rape he did not commit, the Lubbock Avalanche-Journal reports.
I thought this was interesting. Click here for original story.
They will get $80,000 for each year they spent behind bars, the AP says. The compensation also includes lifetime annuity payments that for most of the wrongly convicted are worth between $40,000 and $50,000 a year.
The biggest compensation package will likely go to James Woodard, who spent more than 27 years in prison for a 1980 murder that DNA testing later showed he did not commit.
He eventually could receive nearly $2.2 million, the AP says.
The AP profiles Thomas McGowan, 50, who is among 38 DNA exonerees in Texas. McGowan spent 23 years in prison for rape and robbery before he was cleared last year.
Texas legislators last spring increased compensation and expanded payments to include the estates of deceased inmates as part of the law named for a Texas Tech student who died in prison serving a 25-year sentence for a Lubbock rape he did not commit, the Lubbock Avalanche-Journal reports.
I thought this was interesting. Click here for original story.
New laws strengthen seat belt and child safety seat requirements
Buckle up in the back seat too.
Starting Sept. 1, as required by House Bill 537, all occupants of a passenger vehicle, no matter their age or where they are sitting in the vehicle, must be secured by a safety belt. Maximum fines can reach as high as $200, plus court costs. (The previous law exempted anyone 17 and older from wearing a seat belt in the back seat.)
The law also adds seat belt requirements for larger passenger vans.* In addition, children younger than 8 must be in the appropriate child safety seat.
(This new law makes no changes to pick-up bed and school bus requirements.)
Buckle children into the appropriate child safety seat.
A new law (Senate Bill 61) amends the existing statute regarding child passenger safety seats by requiring that any child younger than 8 be restrained in an approved child safety seat system unless the child is taller than 4 feet, 9 inches in height.
The law becomes effective on Sept. 1, 2009, but tickets for this offense cannot be issued until June 1, 2010. Police officers are allowed to issue a warning before that date. However, the previous law remains in effect for now and requires children younger than 5 and less than 36 inches in height be in a child safety seat, and tickets can still be issued for this violation.
No children younger than 5 are allowed on motorcycles.
HB 537 also prohibits a motorcycle operator from carrying a passenger under the age of 5 unless the child is seated in a sidecar attached to the motorcycle.
For more information on properly installing child safety seat systems, please go to this link http://www.txdps.state.tx.us/director_staff/public_information/carseat.htm.
* A 15-passenger van is defined as a passenger van designed to transport 15 or fewer passengers, including the driver. This law applies to third-party transport service providers when transporting clients pursuant to a contract to provide nonemergency Medicaid transportation. (Previously, these providers were exempt from the specific safety belt requirements.)
Starting Sept. 1, as required by House Bill 537, all occupants of a passenger vehicle, no matter their age or where they are sitting in the vehicle, must be secured by a safety belt. Maximum fines can reach as high as $200, plus court costs. (The previous law exempted anyone 17 and older from wearing a seat belt in the back seat.)
The law also adds seat belt requirements for larger passenger vans.* In addition, children younger than 8 must be in the appropriate child safety seat.
(This new law makes no changes to pick-up bed and school bus requirements.)
Buckle children into the appropriate child safety seat.
A new law (Senate Bill 61) amends the existing statute regarding child passenger safety seats by requiring that any child younger than 8 be restrained in an approved child safety seat system unless the child is taller than 4 feet, 9 inches in height.
The law becomes effective on Sept. 1, 2009, but tickets for this offense cannot be issued until June 1, 2010. Police officers are allowed to issue a warning before that date. However, the previous law remains in effect for now and requires children younger than 5 and less than 36 inches in height be in a child safety seat, and tickets can still be issued for this violation.
No children younger than 5 are allowed on motorcycles.
HB 537 also prohibits a motorcycle operator from carrying a passenger under the age of 5 unless the child is seated in a sidecar attached to the motorcycle.
For more information on properly installing child safety seat systems, please go to this link http://www.txdps.state.tx.us/director_staff/public_information/carseat.htm.
* A 15-passenger van is defined as a passenger van designed to transport 15 or fewer passengers, including the driver. This law applies to third-party transport service providers when transporting clients pursuant to a contract to provide nonemergency Medicaid transportation. (Previously, these providers were exempt from the specific safety belt requirements.)
Does My Child Have to Be in A Safety Seat? Cell Phone in School Zone? What is the Law? And other changes to the law effective September 1, 2009.
Seatbelts:
SB 61 amends the existing statute regarding child passenger safety seats. The bill requires that any child younger than 8 years of age be restrained in an approved child passenger safety seat unless the child is taller than 4 feet, 9 inches in height. The fine is no more than $25 for a first offense and $250 for a second offense. The law also creates a new court cost for conviction of an offense under this section to be collected and used by TxDOT to buy safety seats for low income families. The law becomes effective on Sept. 1, 2009, but tickets for this offense cannot be issued until June 1, 2010. Police officers are allowed to issue a warning before that date.
HB 537 requires all occupants of a vehicle, no matter their age, to be secured by a safety belt, no matter where they are seated in the vehicle; changes the definition of a passenger vehicle to include a passenger van designed to transport 15 or fewer passengers including the driver; removes the current exemption for third-party Medicaid transportation provisions regarding the use of child passenger safety seats; and prohibits a motorcycle operator from carrying a passenger under the age of 5 unless the child is seated in a sidecar attached to the motorcycle.
Driving:
HB 55 makes it illegal to use a wireless communication device in a school zone unless the vehicle is stopped or a hands-free device is used. Cities or counties wanting to enforce this law must post a sign at the beginning of each school zone to inform drivers that using a wireless communications device is prohibited and the operator is subject to a fine. It is a defense to prosecution if the operator was making an emergency call.
HB 2730 increases the penalties for driving while intoxicated with a child passenger by adding an automatic driver license suspension period for first-time offenders and an increased suspension period for repeat offenders. The driver license re-instatement fee for completing an education program will rise from $50 to $100.
Closes a loophole so a person who commits an offense as a minor cannot circumvent the driver license penalty if the person turns 21 before their court date.
HB 2730 allows a new Texas resident to operate a vehicle without a Texas license for 90 days instead of the current 30. (This provision went into effect on June 19, 2009.)
HB 2012 creates two new punishment enhancements: a Class B misdemeanor if a person drives with a suspended license and without insurance; and a class A misdemeanor if the person driving without insurance or a valid driver license has an accident and someone is seriously injured or dies as a result of that accident.
SB 129 authorizes neighborhood electric vehicles (NEVs) to be operated on roads with a posted speed limit of 45 miles per hour or less. The bill authorizes driver license holders to operate NEVs without having a motorcycle endorsement, clarifies that drivers and passengers in such vehicles are not required to wear helmets and specifies that enclosed three-wheeled vehicles as described in the bill are authorized to operate in preferential lanes.
Concealed handgun:
HB 2730 amends numerous provisions regarding concealed handgun licenses (CHLs), including eliminating student loan defaults as a disqualifier, to clarify that DPS must suspend or revoke a license when the licensee becomes ineligible and mandating that a magistrate suspend a CHL held by the subject of an emergency protective order.
HB 2664 provides a defense to prosecution if a concealed handgun license holder carries a concealed handgun into an establishment that gets 51 percent or more of its income from the sale of alcoholic beverages, but has failed to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages. (Under current law, a concealed handgun licensee can be charged with a Class A misdemeanor for doing this.)
HB 2730 removes DPS authority to suspend a concealed handgun license (CHL) for the holder’s failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display.
Driver license:
HB 2730 requires that all applicants under the age of 18 take the driving skills exam to receive a driver license. The law also requires that a provisional driver license (under 18) or instruction permit expire on an individual’s 18th birthday, removes the requirement that a provisional driver license or instruction permit be renewed annually and increases the fee for those licenses from $5 to $15. It also extends the current phase-two restrictions for holders of a graduated driver license from 6 months to 1 year. These restrictions include limited night driving and limits the number of passengers.
HB 2730 and HB 339 restrict all drivers under the age of 18 from using a wireless communication device while operating a motor vehicle.
HB 339 increases the total hours of behind-the-wheel driving instruction a teen receives from 14 to 34 after TEA develops criteria for curriculum. (Goes into effect May 1, 2010)
SB 1317 creates a six-hour driver education course required for driver license applicants 18 years of age or older. It also mandates that applicants 25 or under must submit to an approved driver education course. (Goes into effect March 1, 2010.)
For a recorded sound bite on this topic, call 512-424-2606
SB 328 gives DPS the power to suspend a minor’s driver license if they fail a breath or blood alcohol test while operating a watercraft. Chapter 524 of the Transportation Code also clearly defines the suspension period for an individual who was under the age of 21 at the time when the offense of boating under the influence or driving under the influence of alcohol occurred. The law also increases the reinstatement fee for a license suspended under sections 49.04-49.08, Penal Code from $50 to $100.
HB 2730 increases the driver license sanction from a one-year CDL license disqualification to a lifetime disqualification if a person uses a motor vehicle to transport, conceal or harbor an alien. If a child is engaged in conduct involving a severe form of trafficking persons, a judge at a juvenile hearing is required to order the juvenile’s driver license or permit to be suspended.
HB 2730 prohibits DPS from issuing a driver license or identification card to a person who has not established a domicile in Texas. The law specifies that an applicant may receive a driver license at a post office box only if the applicant’s residence address has also been provided, with some exceptions.
Contact Stephen "Bulldog" Daniel
SB 61 amends the existing statute regarding child passenger safety seats. The bill requires that any child younger than 8 years of age be restrained in an approved child passenger safety seat unless the child is taller than 4 feet, 9 inches in height. The fine is no more than $25 for a first offense and $250 for a second offense. The law also creates a new court cost for conviction of an offense under this section to be collected and used by TxDOT to buy safety seats for low income families. The law becomes effective on Sept. 1, 2009, but tickets for this offense cannot be issued until June 1, 2010. Police officers are allowed to issue a warning before that date.
HB 537 requires all occupants of a vehicle, no matter their age, to be secured by a safety belt, no matter where they are seated in the vehicle; changes the definition of a passenger vehicle to include a passenger van designed to transport 15 or fewer passengers including the driver; removes the current exemption for third-party Medicaid transportation provisions regarding the use of child passenger safety seats; and prohibits a motorcycle operator from carrying a passenger under the age of 5 unless the child is seated in a sidecar attached to the motorcycle.
Driving:
HB 55 makes it illegal to use a wireless communication device in a school zone unless the vehicle is stopped or a hands-free device is used. Cities or counties wanting to enforce this law must post a sign at the beginning of each school zone to inform drivers that using a wireless communications device is prohibited and the operator is subject to a fine. It is a defense to prosecution if the operator was making an emergency call.
HB 2730 increases the penalties for driving while intoxicated with a child passenger by adding an automatic driver license suspension period for first-time offenders and an increased suspension period for repeat offenders. The driver license re-instatement fee for completing an education program will rise from $50 to $100.
Closes a loophole so a person who commits an offense as a minor cannot circumvent the driver license penalty if the person turns 21 before their court date.
HB 2730 allows a new Texas resident to operate a vehicle without a Texas license for 90 days instead of the current 30. (This provision went into effect on June 19, 2009.)
HB 2012 creates two new punishment enhancements: a Class B misdemeanor if a person drives with a suspended license and without insurance; and a class A misdemeanor if the person driving without insurance or a valid driver license has an accident and someone is seriously injured or dies as a result of that accident.
SB 129 authorizes neighborhood electric vehicles (NEVs) to be operated on roads with a posted speed limit of 45 miles per hour or less. The bill authorizes driver license holders to operate NEVs without having a motorcycle endorsement, clarifies that drivers and passengers in such vehicles are not required to wear helmets and specifies that enclosed three-wheeled vehicles as described in the bill are authorized to operate in preferential lanes.
Concealed handgun:
HB 2730 amends numerous provisions regarding concealed handgun licenses (CHLs), including eliminating student loan defaults as a disqualifier, to clarify that DPS must suspend or revoke a license when the licensee becomes ineligible and mandating that a magistrate suspend a CHL held by the subject of an emergency protective order.
HB 2664 provides a defense to prosecution if a concealed handgun license holder carries a concealed handgun into an establishment that gets 51 percent or more of its income from the sale of alcoholic beverages, but has failed to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages. (Under current law, a concealed handgun licensee can be charged with a Class A misdemeanor for doing this.)
HB 2730 removes DPS authority to suspend a concealed handgun license (CHL) for the holder’s failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display.
Driver license:
HB 2730 requires that all applicants under the age of 18 take the driving skills exam to receive a driver license. The law also requires that a provisional driver license (under 18) or instruction permit expire on an individual’s 18th birthday, removes the requirement that a provisional driver license or instruction permit be renewed annually and increases the fee for those licenses from $5 to $15. It also extends the current phase-two restrictions for holders of a graduated driver license from 6 months to 1 year. These restrictions include limited night driving and limits the number of passengers.
HB 2730 and HB 339 restrict all drivers under the age of 18 from using a wireless communication device while operating a motor vehicle.
HB 339 increases the total hours of behind-the-wheel driving instruction a teen receives from 14 to 34 after TEA develops criteria for curriculum. (Goes into effect May 1, 2010)
SB 1317 creates a six-hour driver education course required for driver license applicants 18 years of age or older. It also mandates that applicants 25 or under must submit to an approved driver education course. (Goes into effect March 1, 2010.)
For a recorded sound bite on this topic, call 512-424-2606
SB 328 gives DPS the power to suspend a minor’s driver license if they fail a breath or blood alcohol test while operating a watercraft. Chapter 524 of the Transportation Code also clearly defines the suspension period for an individual who was under the age of 21 at the time when the offense of boating under the influence or driving under the influence of alcohol occurred. The law also increases the reinstatement fee for a license suspended under sections 49.04-49.08, Penal Code from $50 to $100.
HB 2730 increases the driver license sanction from a one-year CDL license disqualification to a lifetime disqualification if a person uses a motor vehicle to transport, conceal or harbor an alien. If a child is engaged in conduct involving a severe form of trafficking persons, a judge at a juvenile hearing is required to order the juvenile’s driver license or permit to be suspended.
HB 2730 prohibits DPS from issuing a driver license or identification card to a person who has not established a domicile in Texas. The law specifies that an applicant may receive a driver license at a post office box only if the applicant’s residence address has also been provided, with some exceptions.
Benefits of Hiring a Personal Injury Law Firm
There is perhaps no more trying time in a person's life than the immediate aftermath of a serious accident or debilitating injury. And compounding this physical and emotional strain is often the cause: somebody else's negligence.
If your situation mirrors this unfortunate scenario, consultation with a personal injury law firm could be just what you need to reclaim the life you once knew. By ensuring that justice is served, a respected personal injury attorney, with an established track record of success for his or her clientele, can alleviate your present burden by fighting for what is rightfully yours.
If you are suffering through no fault of your own, such as from a car accident caused by another driver's carelessness, or a hospital's medical malpractice, contact a law firm that specializes in obtaining fair and just compensation for their clients' unexpected and unwanted hardships. Personal injury lawyers first evaluate and then build your case. They negotiate with reluctant insurance companies to get you the best possible settlement and, if need be, take your case to trial.
At this very vulnerable moment in your life, it's important that you reach out to a personal injury law firm with a stellar reputation, extensive experience, and the resources to successfully litigate for you in this intricate area of jurisprudence. Confer with an attorney in an acclaimed firm servicing the people of Minneapolis and achieving results for your neighbors in comparable predicaments.
Essentially, a personal injury lawyer's mission is to attain maximum compensation for your pain and suffering with a minimum amount of hassles. Seasoned attorneys in this field fully appreciate that you are in no condition to wage a lengthy and tortuous legal battle. One that would merely add to your physical and emotional distress
It doesn't matter whether you've been injured by a slip or fall on the sidewalk, or been harmed by a defective microwave oven in your home, knowledgeable personal injury attorneys are trained to know what to do, and where to go, to realize the appropriate redress.
In countless instances, accidents and injuries not only leave their victims in extreme physical pain and emotionally frazzled, but also financially strapped because of income disruptions and mounting doctors' bills. Empathetic attorneys who practice personal injury law understand what you are up against in all aspects of your life. They fully grasp the enormous changes that have befallen you as the result of your accident. Personal injury attorneys want the parties responsible for your physical, emotional, and financial woes to justly pay for what they have wrought.
Untold accident victims have consulted with professionals in personal injury law and been represented by dedicated men and women who fought for the best settlements possible. If you are needlessly suffering as the result of someone else's negligent action, or inaction, you have nothing to lose and everything to gain by placing a telephone call and speaking with a personal injury attorney about your unique problem. What you may just discover is that a pathway leading to better days exists. And that genuine relief from that dreadful feeling of hopelessness, which has governed your every waking hour since your accident, is also possible.
I thought this was good advice. Click here for original article.
Contact Stephen "Bulldog" Daniel
If your situation mirrors this unfortunate scenario, consultation with a personal injury law firm could be just what you need to reclaim the life you once knew. By ensuring that justice is served, a respected personal injury attorney, with an established track record of success for his or her clientele, can alleviate your present burden by fighting for what is rightfully yours.
If you are suffering through no fault of your own, such as from a car accident caused by another driver's carelessness, or a hospital's medical malpractice, contact a law firm that specializes in obtaining fair and just compensation for their clients' unexpected and unwanted hardships. Personal injury lawyers first evaluate and then build your case. They negotiate with reluctant insurance companies to get you the best possible settlement and, if need be, take your case to trial.
At this very vulnerable moment in your life, it's important that you reach out to a personal injury law firm with a stellar reputation, extensive experience, and the resources to successfully litigate for you in this intricate area of jurisprudence. Confer with an attorney in an acclaimed firm servicing the people of Minneapolis and achieving results for your neighbors in comparable predicaments.
Essentially, a personal injury lawyer's mission is to attain maximum compensation for your pain and suffering with a minimum amount of hassles. Seasoned attorneys in this field fully appreciate that you are in no condition to wage a lengthy and tortuous legal battle. One that would merely add to your physical and emotional distress
It doesn't matter whether you've been injured by a slip or fall on the sidewalk, or been harmed by a defective microwave oven in your home, knowledgeable personal injury attorneys are trained to know what to do, and where to go, to realize the appropriate redress.
In countless instances, accidents and injuries not only leave their victims in extreme physical pain and emotionally frazzled, but also financially strapped because of income disruptions and mounting doctors' bills. Empathetic attorneys who practice personal injury law understand what you are up against in all aspects of your life. They fully grasp the enormous changes that have befallen you as the result of your accident. Personal injury attorneys want the parties responsible for your physical, emotional, and financial woes to justly pay for what they have wrought.
Untold accident victims have consulted with professionals in personal injury law and been represented by dedicated men and women who fought for the best settlements possible. If you are needlessly suffering as the result of someone else's negligent action, or inaction, you have nothing to lose and everything to gain by placing a telephone call and speaking with a personal injury attorney about your unique problem. What you may just discover is that a pathway leading to better days exists. And that genuine relief from that dreadful feeling of hopelessness, which has governed your every waking hour since your accident, is also possible.
I thought this was good advice. Click here for original article.
Personal Injury FAQ's
A personal injury can result from negligence, auto accident or medical malpractice. If you are a victim of personal injury then you can file a personal injury lawsuit against the negligent individual or authority. Personal injury law provides financial compensation to help the victims of personal injury to recover from their losses.
However, if you are planning to file a personal injury lawsuit then you must familiarize yourself with various issues involved in filing a personal injury lawsuit.
1. Is there any time limit to file a personal injury lawsuit?
Yes, indeed there is a time limit within which you must file your personal injury lawsuit. In Texas, generally, it is two years for personal injuries.
If the Statute of Limitations has expired then you cannot file a lawsuit. Therefore make sure to file your lawsuit within the Statute of Limitations.
2. What sorts of damages which can be claimed under Personal Injury Law?
Personal injury law provides compensation for various types of personal injuries including conscious pain, suffering and trauma. In case you have suffered some additional damages such as damage to vehicle/property, then it is covered as well.
3. How can I win my case?
If you are filing a personal injury lawsuit it is best to hire a personal injury lawyer. Most of the personal injury lawyers work on contingency basis where you are not required to pay anything before hiring a lawyer. Your lawyer will only receive a percentage of amounts from the final compensation amount if he/she wins your case.
Most of the defendant’s hire aggressive defense lawyers who work for the best interest of their clients. Therefore it is best to consult a personal injury lawyer. Your injury lawyer will help you steer clear of any complications arising out of your personal injury lawsuit. A personal injury lawyer will help you receive justice and compensation you deserve.
Contact Stephen "Bulldog" Daniel
However, if you are planning to file a personal injury lawsuit then you must familiarize yourself with various issues involved in filing a personal injury lawsuit.
1. Is there any time limit to file a personal injury lawsuit?
Yes, indeed there is a time limit within which you must file your personal injury lawsuit. In Texas, generally, it is two years for personal injuries.
If the Statute of Limitations has expired then you cannot file a lawsuit. Therefore make sure to file your lawsuit within the Statute of Limitations.
2. What sorts of damages which can be claimed under Personal Injury Law?
Personal injury law provides compensation for various types of personal injuries including conscious pain, suffering and trauma. In case you have suffered some additional damages such as damage to vehicle/property, then it is covered as well.
3. How can I win my case?
If you are filing a personal injury lawsuit it is best to hire a personal injury lawyer. Most of the personal injury lawyers work on contingency basis where you are not required to pay anything before hiring a lawyer. Your lawyer will only receive a percentage of amounts from the final compensation amount if he/she wins your case.
Most of the defendant’s hire aggressive defense lawyers who work for the best interest of their clients. Therefore it is best to consult a personal injury lawyer. Your injury lawyer will help you steer clear of any complications arising out of your personal injury lawsuit. A personal injury lawyer will help you receive justice and compensation you deserve.
Do you know what live video surveillance by a defense investigator and social networking (Internet) websites have ...?
If your accident case is big enough, and your claim of injury serious enough, usually there comes a time when the attorneys for the defense will hire a private investigator to have you watched, followed and videotaped.
This tends to happen towards the end of a lawsuit, after you, the hurt plaintiff, has testified at an oral deposition about how badly you've been injured and about all the things you can't do and the activities in which you can no longer participate. Maybe you're back at your job because it does not require much physical exertion, maybe you're still out of work. Defense lawyers live to make "mountains out of molehills," so they look for the
slightest indication that you're not injured - even if you can do something a single time and not more than once. There is no way to show your pain the next day or that you need a heating pad and painkillers that evening from over exerting yourself.
The bad guys are trying to paint a picture of you for the jury; as someone who is not really hurt and, maybe, is a liar or just exaggerated about his or her injuries, so that you don't deserve to be believed at trial.
An investigator can videotape you without getting out of their car. He or she tries to catch you running to cross the street or maybe running to catch a bus, or carrying bags of groceries. Maybe in a laundromat or going to the gym. The most dramatic surveillance videos that I have seen show injured accident victims engaged in sports. Playing football or tennis or even just bicycle riding.
I wish to make two points here, with a third point to follow.
First point, be truthful when testifying about your limitations. There are very few "can'ts" after an accident. Frequently, an injured person may still be able to engage in most of their pre-accident activities. But not as strong, or as long, or as vigorously. So if it's truthful, say "Yes, I can do it. But not too much or too long or too often, and it hurts like heck afterwards."
Second point. Accident victims: be aware if you go outside that you can be followed and be the subject of video surveillance. Video cameras are small and powerful and easy to conceal.
My third point follows and links back to the title of this blawg.
MySpace. FaceBook, etc. By now you've no doubt read about companies that check out
prospective employees' social networking sites over the Internet. Is the job applicant shown in photos doing something incompatible with the company's values? Is she using drugs? Or is he in a state of undress? Or making obscene gestures? Or showing a gang or prison affiliation? These occurrences are all too common these days.
Be especially careful if you're an accident victim. Be wary about posting photographs to a
website that are inconsistent with your claims of physical limitation. And if you can't engage in sports, don't show your blue ribbon for winning a swim meet or a hockey trophy, and so forth.
The best policy if you're claiming injury from an accident is to tell the truth. And be aware and on your guard in what you do.
I thought this was interesting. Article link here.
This tends to happen towards the end of a lawsuit, after you, the hurt plaintiff, has testified at an oral deposition about how badly you've been injured and about all the things you can't do and the activities in which you can no longer participate. Maybe you're back at your job because it does not require much physical exertion, maybe you're still out of work. Defense lawyers live to make "mountains out of molehills," so they look for the
slightest indication that you're not injured - even if you can do something a single time and not more than once. There is no way to show your pain the next day or that you need a heating pad and painkillers that evening from over exerting yourself.
The bad guys are trying to paint a picture of you for the jury; as someone who is not really hurt and, maybe, is a liar or just exaggerated about his or her injuries, so that you don't deserve to be believed at trial.
An investigator can videotape you without getting out of their car. He or she tries to catch you running to cross the street or maybe running to catch a bus, or carrying bags of groceries. Maybe in a laundromat or going to the gym. The most dramatic surveillance videos that I have seen show injured accident victims engaged in sports. Playing football or tennis or even just bicycle riding.
I wish to make two points here, with a third point to follow.
First point, be truthful when testifying about your limitations. There are very few "can'ts" after an accident. Frequently, an injured person may still be able to engage in most of their pre-accident activities. But not as strong, or as long, or as vigorously. So if it's truthful, say "Yes, I can do it. But not too much or too long or too often, and it hurts like heck afterwards."
Second point. Accident victims: be aware if you go outside that you can be followed and be the subject of video surveillance. Video cameras are small and powerful and easy to conceal.
My third point follows and links back to the title of this blawg.
MySpace. FaceBook, etc. By now you've no doubt read about companies that check out
prospective employees' social networking sites over the Internet. Is the job applicant shown in photos doing something incompatible with the company's values? Is she using drugs? Or is he in a state of undress? Or making obscene gestures? Or showing a gang or prison affiliation? These occurrences are all too common these days.
Be especially careful if you're an accident victim. Be wary about posting photographs to a
website that are inconsistent with your claims of physical limitation. And if you can't engage in sports, don't show your blue ribbon for winning a swim meet or a hockey trophy, and so forth.
The best policy if you're claiming injury from an accident is to tell the truth. And be aware and on your guard in what you do.
I thought this was interesting. Article link here.
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