Even though it is best to avoid getting into accidents, you should know what to do once that occurs. Accidents can be messy and quite troublesome if you do not know how to handle them properly, which is why it is important to always consult a lawyer and know the basics at the very least. Lebanon car injury law firm handles all types of accident-related cases. Some of the ways you can handle car accidents in the best way possible are mentioned-below.
Here are How to Handle a Car Accident:
It is of the utmost importance that you not leave the accident scene no matter how major or minor it is. Running away will put all the blame on you and you would be held accountable for a crime you might not even have done. If you leave someone when they are injured or seriously hurt, you can end up in jail. So, it is best that you stop the car and park it somewhere (if you can) and wait for the ambulance or the police to arrive. But do not leave the crime (accident) scene!
Check to make sure that everyone involved in the accident is physically alright and does not require medical assistance. If they do, call an ambulance! Even if you do not require immediate care, some injuries or pain comes, later on, get yourself checked.
Call the police. Avoid saying sorry or taking all the blame on yourself. Only the police get to decide who the main culprit is, so avoid getting involved in any kind of useless argument or apologies. You need to have a police statement or evidence that you got into an accident to claim the insurance. Without a police file complaint, the insurance company will make everything very difficult for you.
While waiting for the police to arrive, take pictures of the entire accident, make videos. Note down the vehicle numbers, injuries, if there are any, as well as the damages, are done to the cars. When you are being questioned, make sure that you do not lie, exaggerate, or state untrue facts as they could be used against you.
After you file a complaint, call your lawyer. If you do not have a lawyer then get one as quickly as possible. You should not say or do anything without your lawyer being with you or before talking to your lawyer. Although you should always have a lawyer by your side in case of emergencies as it saves a lot of time and money. You also get to learn so many dos and don’ts about laws. Your lawyer will do all the hard work as well as the dirty work (insurance-related work) for you. The lawyer will be talking to the witnesses, collecting information and evidence, doing all the paperwork, as well as get the best deal out of the insurance agencies.
Although the above-mentioned points are for major accidents, however, they can be used in minor accidents as well up until point 3 or 4. In a minor accident, usually, people do not file a complaint and try to solve the accident within themselves. This saves both the party the lawyer fee, dealing with the insurance claims, the police’s questioning as well as the paperwork. However, it is safe and recommended that you go to the hospital for a regular check-up even if everything is perfectly fine.
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Suppose one person has two children. And both the children are expecting they will inherit an equal part of the property that their parents have. But the final testament will reveal that one of the two children gets the majority.
At this point, the other child, who has got the minority party, may feel that the inheritance was unfair. The person can initiate a procedure to content the will. And in order to do so, anyone will need to consult with inheritance lawyers.
How To Challenge?
But one also needs to keep in mind that just because the person feels the will is unfair, he or she can not challenge a will. There are some strictly defined parameters set, as per that one can commence contesting a will.
Let’s get an idea about those parameters.
1. The Will Lacks Validity:
Under this very provision, one needs to establish a fact before the court of law. And the fact is, the deceased was in no condition or position of physically or mentally or both to understand and after that agree with the terms and conditions that are mentioned in the will. So, the deceased person was either coerced or tricked into making the offerings.
2. The Property Was Owned Jointly:
In case the deceased person jointly owned the property, then the other party of the property will continue to enjoy the very ownership of the property as per the contract. And this is also making the other party eligible for challenging the will in case it grants ownership to someone else.
3. The Execution Of The Will Have Not Complied With The Law:
This provision allows the appellant a chance to prove that the execution of the will did not follow the laws of the lands that lay down some specifics on the basis of how a will has to be witnessed and signed. And in order to do that, you will need a good inheritance lawyer in North Carolina.
4. The Will Is An Act Of Forgery:
Here, an appellant has to prove in front of the court that the will was created fraudulently, or the sign of the deceased that is present on the will was crafted through forgery or also received under false pretense.
Who Can Challenge?
After we know the grounds on which one can challenge a will. The next question is Who can challenge the will in the court? In case you are one of the named beneficiaries in the will, you can challenge. And in order to do so, you need an inheritance lawyer in North Carolina.
There is also another intestate succession law, which spells out inheritance rules in case there is no valid will. You also can challenge, if as per the law, you would inherit. So, this means that in case there are no surviving spouses or any direct descendants, even distant relatives can challenge a will.
There is another condition when you might challenge the will. In case you are the beneficiary of the prior version of the will, that will become a valid one in case the court ruled the current version of the will invalid. In order to avoid such challenges, the copies of the prior version are destroyed most of the time.
Alternatives That You Can Try:
Before you challenge the will in the court, you can meet the executor and ask about the doubt you are having with the will. In case the person is able to make you understand it properly, then you may feel that you are not being cheated or need to go to court.
Before you meet the executor, you can hire an inheritance attorney and consult along with all the legal papers and emails that you have sent to your family members and the executor. The person will assist you with them and also make sure you do not miss the deadline.
Conclusion:
With the help of a qualified inheritance lawyer in North Carolina, you can challenge a will in case you are fulfilling any of the mentioned conditions. The attorney will also let you know about some additional laws in case there are any.
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A court reporter, also known as a court stenographer or law reporter, transcribes spoken or recorded speech into written form. Court reporters are highly trained professionals who provide a real-time voice-to-text transcription. Although courtroom recordings are always necessary, recent technological advances seemingly diminished the need for court reporters. So, why are court reporters still necessary?
Real-time transcription
Transcription technology is used to create voice-to-text transcriptions after the speech has been recorded. Court reporters are unique because they transcribe speech to text in real time. Most court reporters have experience in the legal profession and are professionally trained with captioning and stenographic technology.
In addition, court reporters are trained to transcribe real-time speech without any errors, which is not guaranteed with the use of technology. They can also actively organize and search for information within the transcription if needed. For example, if an attorney needs to review a specific moment of the trial, the moment can be easily searched for by the court reporter. Although courts are increasingly turning to digital recording programs, real-time transcription is crucial.
Text-to-speech failures
As mentioned earlier, court reporters accurately transcribe voice-to-text. Anyone with text-to-speech technology on their smartphone knows that this option isn’t always reliable. Names are commonly misheard or incorrectly spelled by text-to-speech programs, and these programs often fail to recognize accents or mumbled speech. There are also many words that sound alike, so a program’s transcription is bound to be flawed if people do not speak completely clearly. Humans are much better at interpreting context to pick the right word.
Court reporters are also able to feel the courtroom and the proceedings before them, while a digital recording program cannot. Court reporters are able to read the inflections, tone of voice, and body language that conveys a situation, which can be extremely important.
Overlapping dialogue
It’s especially difficult for text-to-speech programs to transcribe testimonies where multiple people speak at once. If recorded and transcribed by a program, confusion occurs after the fact and it’s hard to distinguish what precisely was said. Although a court reporter may experience the same difficulty, they are able to request a repeat of the conversation if needed.
In many cases, attorneys choose the services of both a court stenographer and a digital recording service. Using both ensures the highest degree of accuracy by creating a smaller margin for error.
Avoiding risks of settled statements
When hearings occur without a real-time court reporter, trial courts often approve settled statements or detailed narrative summaries of the proceeding. Settled statements can be a costly and timely process since each side can object to each other’s version of events. When this happens, the trial court is forced to make a decision favoring one side.
Ensuring the best result in your case
If you’re unsure about whether your county will provide a court reporter, call the courthouse and ask. If your courthouse does not provide court reporters, consider hiring one to make sure your case is transcribed in real-time with all the correct details and avoid the costs of a settled statement. Ask your attorney for recommendations or conduct a simple Google search specific to your area, like “court reporters in West Palm Beach”.
While court reporters used to be regularly present in courtrooms, they are becoming increasingly absent. It’s necessary to preserve every word as accurately as possible for the court’s record. Many counties no longer provide court reporters. As a result, some court reporters must be privately hired and paid for.
Court reporters are required to be impartial, responsible, reliable, properly educated, and certified to perform their job. These strict requirements will ensure a concise, detailed, accurate, and unbiased transcription of your case. Despite recent technological advances, it remains clear that real-time court reporters are still needed.
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In this article, we want to quickly look at the subject of criminal appeal and the laws that govern it. We are not approaching it like a law school course addressed at lawyers but as a general informative content meant for those who may not be so knowledgeable in legal matters.
Hopefully, the information we will share here however basic will help you get a better understanding of this process of criminal appeal and how you can take advantage of it should you be in a position where such an action becomes necessary.
The Basics of Criminal Appeals Law:
An Overview:
A criminal appeal is a process where an individual who has been tried by a court of competent jurisdiction and convicted for a crime decides to seek the intervention of a higher court. The purpose of this intervention could be to seek an overturn of the conviction reached by the lower court based on a few points that we will look at later.
It could also be to seek a reduction in the sentencing delivered upon conviction. In either case, the defendant is turning to a higher court so that s/he can get a more favorable outcome in the form of an acquittal or a sentence reduction.
When an appeal is filed, the higher court will go through the process that the lower court went through to reach its verdict. This means that there shall be no testimonies or submissions of fresh evidence. The decision of the higher court will be based solely on the recordings of the concluded court proceedings.
It is from this recorded process that the appealing counsel will point out the grounds of their appeal and it is also from these recorded proceedings that the higher court will reach its decision.
It is important to understand that it is common to find the higher courts in the U.S naturally favoring the decisions of the lower court. It will take some very clear infractions or errors to cause a higher court to overturn the judgment of the lower court.
Grounds on Which an Appeal Can be Made:
We mentioned above that an appeal has to be based on certain grounds. We will now look at a few of these grounds upon which a criminal appeal can be filed.
An appeal can be file if any of the following happened during the trial at the lower court:
There is a clear error in the interpretation of the law.
The verdict given is not backed up by clear evidence.
The ruling of the lower court bothered on abuse of its discretion.
The defendant claims that his/her representation was inadequate.
Any of the points above are grounds upon which an appeal can be filed. You should, however, understand that the appellate court must find evidence in the proceedings of the trial as shown by your attorney in your appeal filing that supports your claim.
If the higher court does not find enough evidence supporting your claim, it will be thrown out.
What You Should Do:
If you have just gone through a criminal trial and you were not happy with the outcome because you felt the process was somehow flawed, you could ask your lawyer what your chances will be if you were to take it to a higher court.
We understand that it is likely that your attorney is the reason why the outcome of the trial was the way it is. If this is the case, then having such an attorney handle your appeal will not be a very smart move.
You’ve already made the mistake of choosing an attorney who could not properly represent your interest in court, do not make the mistake of having the same attorney contest this outcome in a higher court for you.
You can find a lawyer here with the experience to look through the records of your case and give you a candid opinion. There’s no point in spending time and money contesting a case that is certainly not going to go your way no matter where you take it.
What you need is a correct assessment of your chances. If it is seen that there are indeed solid grounds on which an appeal can be filed, you should engage the services of Criminal Appeals Toronto attorney with the required expertise, who knows exactly how to prepare your case to give you the best chance of getting a better verdict.
Bonus knowledge: Check out our blog regarding Criminal Law Enforcement
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