Get a DUI Attorney in San Diego to Avoid DUI Arrests

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Driving under the Influence or DUI is a very serious offense. If you are arrested under this citation means that you have failed either a field sobriety test, or urine, breath analyzer or blood alcohol level test given by the police. A DUI conviction means that you will either serve time and pay a fee and have a permanent record which is something we don't want to have.

DUI arrests have been rampant especially in California where the best mode of transportation is by car. The wide highways and long distances, as well as easy access to vehicles, make it both a nice place to drive and an easy target for cops to look for suspicious moving vehicles. Those that seem to swerve or are moving too quickly will easily be pulled over and from that moment on, the driver may be grilled about his driving methods and perhaps asked to take a field sobriety test. What many don't know is that a field sobriety test is something that is voluntarily done and those who are aware of this situation may refuse to take the field test. If asked to, the driver may take another form of test. One may take the breath analyzer test or the urine test. These tests may have its form of inconsistencies as well. If a person has burped or regurgitated, he is allowed at least 15 minutes before taking the breath analyzer test. This is to insure that the test is not tainted as acids from the burp may affect the test. Also, the urine test may also be not as reliable and may not be upheld in court.

San Diego for instance has around 16000 cases of DUI instances being held every year. This city is notorious for having a high amount of DUI cases because of its proximity to the Mexican Border and in that instance, there is an assumption that those Americans coming from the border, especially in the early mornings or after long weekend, may have had one drink too many. In such instances, finding a DUI attorney in San Diego is the best option for those who are arrested. A specialized DUI attorney from San Diego knows the ins and outs of such an arrest and is a great resource for anyone arrested from getting convicted. These attorneys will look into the procedure and process of how the evidence was obtained and may find something that may be of use in your defense.

It is always better to be sober and avoid drinking altogether before driving and if you do drink, make sure that there is enough time before you sober up.

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The importance of Document Review in the legal field

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revision of the document is an essential task in advance of trial or during the discovery phase of the litigation process carried out. In the process of examining the documents lawyers legal documents reviewed for their relevance to the case and the adequacy of the right to evaluate. Thanks to electronic data such as e-mail, voice messages and instant messages, their importance in the legal field has acquired a particular importance, creating a substantial burden for lawyers.

InLater stages of the process can be described as privileged documents on the basis of privileged attorney-client or work product. Each document can be held to review or privileged to examine the contents.

Advantages and disadvantages of technology

revision of the document is a long and difficult. electronic databases have their greater efficiency, as thousands of pages of documents in seconds can be reviewed. At the same time, are electronic databasesalso exponentially increased the amount of documents, creating a workload accumulated, which can quickly overwhelming.

High Stakes

The task of examining the documents of great responsibility. Documents that may be erroneously unwanted disclosure of important information will result, leading to very undesirable results. Important information can protect a client can be neglected, a case at risk based on poor research alone.

Custom DevelopmentBy

Most of the audit documentation by a team of associates with a lawyer to follow the process done. This is done to save money. Businesses prefer to hire paralegals because they cost less. Instead done by staff lawyers, a document usually write a critical step in the contract. Although paralegals can not enjoy the legal payment, often the work can be done at home thanks to the convenience of the Internet and information technology.

Document Review is now a center ofMany legal career

With the advent of electronic data processing, the amount of the requested documents to the lawyers to be reviewed has a significant impact on. Because the work is done on the basis of contracts, payment is not comparable to a safe location in an existing law. Yet, in an increasingly competitive labor market for lawyers, provides a constant workload that is consistent and reliable.

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Facts and Frequently Asked Questions about dangerous drugs

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Millions of Americans rely on prescription medications to help manage your arthritis, heart disease, diabetes, psychiatric illness, hypertension, chronic pain, lung disease, and many other medical conditions. You have to trust the drug companies for safe, effective products to be developed. Too often, that trust is misplaced. Every year thousands of patients who are severely injured, and some were killed by the toxic effects of drugs and side effects are irreversible. This article can helpMore information about dangerous drugs.

Who is most at risk of dangerous drugs?

The elderly have a higher risk of dangerous drugs than the general population, since a large percentage of elderly take various drugs. The average senior takes five fifty-six prescribed medication, in addition to over-the-counter drugs. People aged 65 and over, however, only 14% of the U.S. population, but it takes more than 33% of all prescription drugs. This increased consumption isSeniors, many different drugs, and also increases the risk of dangerous interactions with other drugs.

If FDA approval means that a drug is safe?

FDA approval means that the U. S. Food and Drug Administration scientists have determined that the benefits of risk when the drug is released in the general population prevail. During the last phase of clinical trials before approval, as many of 3,000 people taking the drug. But some serious side effects are rare. If aSide effect occurred in one of 10,000 people, for example, the manufacturer and the FDA is unable to learn the side effects until the drug was approved, and hundreds of thousands of people took .

What is an adverse event?

The FDA defines an adverse event as adverse events associated with use of a drug to a patient. "

How does the FDA about side effects?

Doctors and health workers in general reportAdverse reactions to pharmaceutical companies, which are then legally required to report serious relay to the FDA within 15 days. Health professionals have to communicate if it leads to death, disability, hospitalization, life-threatening, causes a congenital anomaly or requires treatment to prevent permanent damage. Approved for the first three years after a drug, the drug manufacturer must also all its quarterly side effects to the FDA, and after three years, these reportsmust be provided annually.

How do I know if a drug is dangerous?

The FDA issued a notice of adverse events on their website, and these are frequently reported on the Internet, in newspapers and television news. drug manufacturers often warns health workers when they learn of adverse events associated with their products.

How do I know if my symptoms are the result of a dangerous drug?

For questions aboutThe symptoms and side effects, and any other aspect of your health you should consult your doctor. Your doctor can determine if a drug has led or contributed to your symptoms.

When I was injured or a loved one has been injured or died of drugs, what can I do?

You should, as soon as possible to talk with an experienced attorney to determine whether drugs may have a lawsuit against the manufacturer of the drug.

How important dopromptly?

Acting in a position soon to not make the difference between a case and a case. There are no time limits specified limitation period, with laws that establish rules for lodging complaints, which vary from state to state. . If you or a loved one has a serious injury or a loved one has died suffered a dangerous drug, you should not delay to contact an attorney. If the limitation period has expired, your right to exercise a right can neverbarred.

How difficult it is to manufacturer to win a claim against a drug?

Pharmaceutical companies are often large multinational companies with the staff of legal personality and substantial financial resources to defend their products. The upper hand against an opponent determined and well financed, you need an experienced pharmaceutical lawyer on your side, and a law firm that is committed to securing justice for their clients.

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FTC Names Dirty Dozen Email Scams

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The Federal Trade Commission is responsible for issuing and enforcing rules for consumer issues on the Internet. As part of this process, the FTC has published a list of the 12 scams you are most likely to receive as email.

The Dirty Dozen Scams

The "dirty dozen" are:

1. Business opportunities

These business opportunities make it sound easy to start a business that will bring lots of income without much work or cash outlay. The solicitations trumpet unbelievable earnings claims $1,000 a day or more without doing any work. Many business opportunity solicitations claim to offer a way to make money in an Internet-related business. Short on details but long on promises, these messages usually offer a telephone number to call for more information. In many cases, you'll be told to leave your name and telephone number so that a salesperson can call you back with the sales pitch.

The scam: Many of these are illegal pyramid schemes masquerading as legitimate opportunities to earn money.

2. Bulk email

Bulk email solicitations offer to sell you lists of email addresses, by the millions, to which you can send your own bulk solicitations. Some offer software that automates the sending of email messages to thousands or millions of recipients. Others offer the service of sending bulk email solicitations on your behalf. Some of these offers say, or imply, that you can make a lot of money using this marketing method.

The problem: Sending bulk email violates the terms of service of most Internet service providers. If you use one of the automated email programs, your ISP may shut you down. In addition, inserting a false return address into your solicitations, as some of the automated programs allow you to do, may land you in legal hot water with the owner of the address's domain name. There are also very strict rules, known as the CAN-SPAM Act, regulating bulk email marketing.

3. Chain letters

You're asked to send a small amount of money ($5 to $20) to each of four or five names on a list, replace one of the names on the list with your own, and then forward the revised message via bulk email. The letter may claim that the scheme is legal, that it's been reviewed or approved by the government; or it may refer to sections of U.S. law that legitimize the scheme.

The scam: Chain letters are almost always illegal and nearly all of the people who participate lose their money. The fact that a "product" such as a report on how to make money fast may be changing hands in the transaction does not change the legality of these schemes.

4. Work-at-home schemes

Envelope-stuffing solicitations promise steady income for minimal labor-for example, you'll earn $2 each time you fold a brochure and seal it in an envelope. Craft assembly work schemes often require an investment of hundreds of dollars in equipment or supplies, and many hours of your time producing goods for a company that has promised to buy them.

The scam: You'll pay a small fee to get started in the envelope-stuffing business. Then, you'll learn that the email sender never had real employment to offer. Instead, you'll get instructions on how to send the same envelope-stuffing ad on your own. If you earn any money, it will be from others who fall for the scheme you're perpetuating.

5. Health and diet scams

Pills that let you lose weight without exercising or changing your diet, herbal formulas that liquefy your fat cells so that they are absorbed by your body, and cures for impotence and hair loss are among the scams flooding email boxes.

The scam: These gimmicks don't work. The fact is that successful weight loss requires a reduction in calories and an increase in physical activity. Beware of case histories from "cured" consumers claiming amazing results and testimonials from "famous" medical experts you've never heard of.

6. Effortless income

The trendiest get-rich-quick schemes offer unlimited profits exchanging money on world currency markets; newsletters describing a variety of easy-money opportunities; the perfect sales letter; and the secret to making $4,000 in one day.

The scam: If these systems worked, wouldn't everyone be using them? The thought of easy money may be appealing, but success generally requires hard work.

7. Free goods

Some email messages offer valuable goods-for example, computers, other electronic items, and long-distance phone cards-for free. You're asked to pay a fee to join a club, then told that to earn the offered goods, you have to bring in a certain number of participants. You're paying for the right to earn income by recruiting other participants, but your payoff is in goods, not money.

The scam: Most of these messages are covering up pyramid schemes, operations that inevitably collapse. The payoff goes to the promoters and little or none to you.

8. Investment opportunities

Investment schemes promise outrageously high rates of return with no risk. Many are Ponzi schemes, in which early investors are paid off with money contributed by later investors. This makes the early investors believe that the system actually works, and encourages them to invest even more.

The scam: Ponzi schemes eventually collapse because there isn't enough money coming in to continue simulating earnings. Other schemes are a good investment for the promoters, but no for participants.

9. Cable descrambler kits

For a small sum of money, you can buy a kit to assemble a cable descrambler that supposedly allows you to receive cable television transmissions without paying any subscription fee.

The scam: The device that you build probably won't work. Most of the cable TV systems in the U.S. use technology that these devices can't crack. What's more, even if it worked, stealing service from a cable television company is illegal.

10. Guaranteed loans or credit, on easy terms

Some email messages offer home-equity loans that don't require equity in your home. Usually, these are said to be offered by offshore banks. Sometimes they are combined with pyramid schemes, which offer you an opportunity to make money by attracting new participants to the scheme.

The scams: The home equity loans turn out to be useless lists of lenders who will turn you down. The promised credit cards never come through, and the pyramid schemes always collapse.

11. Credit repair

Credit repair scams offer to erase accurate negative information from your credit file so you can qualify for a credit card, auto loan, home mortgage, or a job.

The scam: The scam artists who promote these services can't deliver. Only time, a deliberate effort, and a personal debt repayment plan will improve your credit. The companies that advertise credit repair services appeal to consumers with poor credit histories. Not only can't they provide you with a clean credit record, but they also may be encouraging you to violate federal law. If you follow their advice by lying on a loan or credit application, misrepresenting your Social Security number, or getting an Employer Identification Number under false pretenses, you will be committing fraud.

12. Vacation prize promotions

Electronic certificates congratulating you on "winning" a fabulous vacation for a very attractive price are among the scams arriving in your email. Some say you have been "specially selected" for this opportunity.

The scam: Most unsolicited commercial email goes to thousands or millions of recipients at a time. Often, the cruise ship you're booked on may look more like a tug boat. The hotel accommodations likely are shabby, and you may be required to pay more for an upgrade. Scheduling the vacation at the time you want it also may require an additional fee.

In Closing

Don't check your common sense at the door simply because you are surfing the web. If it seems to good to be true, it is. Don't fall victim to these scams.

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ATV - the most dangerous vehicles

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Off-road vehicles, ATVs are some of the most dangerous vehicles ever sold to American consumers. They are known for frequent rollovers, even at very low speeds and very low levels.

Hundreds of ATV riders and passengers have been injured or killed when their vehicle overturning. The most common injuries such as broken limbs and crushed, were the driver's legs, ankles and feet. The lesions are often so severe that amputation was necessary.Drivers and passengers were killed when the ATV rolled over them and beat them. Because of their size, children are particularly vulnerable in ATV rollover, and many children lost their lives riding in an ATV

ATV safety is a major concern, since Honda introduced the first ATV in the United States was in 1971. The U.S. Consumer Product Safety Commission statistics started the ATV injuries and deaths in 1982 and has documented more than 2 million injured in ATVAccidents, deaths in 2004 and 8000, the latest year for which statistics are available about 136,100 ATV injuries in U.S. hospital emergency room are treated, and 767 people died in ATV fatalities. In 2005, the risk of injury was 171.5 injuries per 10,000 four-wheel off-road use. The risk of death in 2004 was 1.1 deaths per 10,000 four-wheel in use.

Risks to children in ATV for children under 16 years are the most vulnerable group of ATV riders with more than one quarterAll ATV accidents and deaths. called The American Academy of Pediatrics said ATV use by children, "the perfect recipe for tragedy, and in 2000 the Academy made a statement recommending against the use of ATVs by children under 16 years "The safe use of ATVs requires the same ability or better, the insight and experience required to operate a car." The American College of Orthopedic Surgeons, whose members are doctors see the results of accidents Children call in ATVs childrenThe use of ATVs, "a significant risk to health."

The cost of these ATV injuries and deaths are significant, not only for families whose loved ones are injured or killed, but the general public. The U.S. Consumer Products Safety Commission estimated that more taxpayers and employers pay 3 billion dollars annually in medical costs for ATV violations by government and private insurance

Industry Leaves Riders ATV safety issues were safety and not put a tooth in ATV sales. ATVtoday $ 5 billion dollar industry in the United States, and ATV manufacturers have even created their own organization, the ATV Safety Institute. The Institute recognizes that the ATV can tip and roll, but roll back the responsibility for damage to the driver. When the driver noticed certain guiding principles, says the incidents are few and far between. The implication: serious and fatal accidents are the fault of the driver.

The Consumer Product Safety Commission has not testedSingle-ATV for stability since 1991. Purchasers and users of ATVs now take on the market, the manufacturer, the word that their vehicles are safe for many riders and ATV riders, this hypothesis has become dangerous and sometimes fatal.

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A Jurist's Defining Moment

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Some, supposedly, legal matters defy the efforts of conscience prone jurists to place them under the knife of juridical dissection. Take, for instance, the sexual practices of consenting adults in the privacy of a bedroom. Just thirty years ago, the sodomy laws of ten of the thirteen original states made anal intercourse between homosexuals and between heterosexual men and women a crime. Then along came state Supreme Court decisions declaring such laws unconstitutional with the admonition that individual privacy is sacrosanct under the U.S. and state Constitutions. The "moral" laws, as they were commonly called, had been strictly enforced under 17th Century colonial jurisdictions when there was not a constitutional separation of church and state. The early Massachusetts Bay Colony was governed under puritanical law for nearly a hundred years in accordance with what the ruling Puritans considered as divine decrees set forth in the Bible. From 1640 until around 1750, a strict biblical code of morality was systematically enforced in the North American coastal region that was called New England, which was carried over into common law and eventually codified into state penal codes. Even after the ratification of the U.S. Constitution, these "moral laws" were retained by Massachusetts, Maine, New Hampshire, Vermont, and Rhode Island, the violation of which was criminal in nature. But, despite their statutory presence, the enforceability of such laws after 1789, limiting the expression of affection between mature consenting individuals, remained essentially negligible. The impractical effect of laws passed by the federal and state legislatures with the intent of proscribing intimately personal relationships and processes, such as inter-racial marriage and abortion, is summed up in the sage expression, you can not legislate morality. In order to insure that such laws are never declared constitutional and enforced upon the people of the American republic, the federal judiciary was established. And the highest court in the land is the U.S. Supreme Court, where constitutionality is ultimately and finally determined.

Perhaps conservative federal judges, selected to serve on the U.S. Supreme Court, go through a refiner's fire, of sorts, causing the individual jurist to realize the true meaning of Henry David Thoreau's motto, "That government is best that governs least." To have in one's hand the voting power to limit the personal freedom of an entire nation of people is quite an awesome responsibility. Such power causes the sincerely unbiased justice to think twice, if not thrice, about reversing previous decisions of the Supreme Court, to render them unconstitutional in favor of laws restricting civil rights. Roe v. Wade is such a decision which, if reversed, will affect the lives of millions of pregnant women throughout the country. I must believe that a majority of the "Brethren," who comprised the Supreme Court in 1973, voted their conscience in stating that the federal government has no authority to legally dictate what a woman can and cannot do with her own body. There might have also existed in their minds an additional consideration about the inappropriateness of attempts to legislate morality. Perhaps reflection on the poignant history of religion meddling in civil and criminal law, and the human death and destruction caused thereby, prods the prudent legal scholar to advocate and retain laws which are not predicated upon religious values and traditions.

The presumed predictability of jurists, judges, and legal scholars to follow particular conservative and liberal patterns of legal determination has historically come back to ironically bite expectant American presidents in their hind parts. Of all the people to be labeled as either conservative or liberal constructionists, seasoned jurists sincerely dedicated to a case-by-case analysis of federal issues are not among them. President Theodore Roosevelt presumed that Supreme Court Justice Oliver Wendell Holmes, Jr. could be relied on politically to endorse and advance his trust-busting agenda. In fact, according to Texas A&M historian H.W. Brands, Roosevelt's intention for appointing Holmes, in 1902, to the high court was for Holmes to vote in accordance with presidential policy. Two years later, however, Holmes proved to be an independently minded jurist when he dissented along with the Supreme Court minority against the position of the government in the case of Northern Securities Co. v. U.S., 193 U.S. 400 (1904). This put a rift between Roosevelt and Holmes which became substantially wider when Holmes, ten years later, commented on his dissent in the Northern Securities case and repeated authoritatively a statement by a contemporary that, "what the boys like about Roosevelt is that he doesn't give a damn about the law."

Perhaps this is what the boys on the Hill are saying about George W. Bush and his inner-circle of cronies. Perhaps Bush's appointment of John G. Roberts to the U.S. Supreme Court is a statement of his presumption that Roberts will vote predictably in accordance with the President's political expectations. Roberts has made quite a record for himself during his time working for the Executive Branch. He has it very plain concerning his unwavering stand on abortion rights. His ultra-conservative point of view has been established through the continual support he has given to militant abortion protesters in federal cases. As a Deputy Solicitor General, Roberts advocated the rights of abortion protesters to block access of women to reproductive health care clinics, a legal right guaranteed by the U.S. Constitution. In the case of Bray v. Alexandria Women's Health Clinic, 506 U.S. 263 (1993) (No 90-985), Roberts argued as amicus curiae (friends of the court) for the United States supporting Operation Rescue and six other individuals who routinely and forcibly blocked access of patients to reproductive health care clinics. In his intervening argument, Roberts asserted that the deliberate and forceful acts of the protesters did not amount to discrimination against women, even though only women could exercise the right to seek an abortion.

It would be interesting, if possible, to place Judge Roberts back in time to a circumstance where Afro-Americans were barred forcibly by a group of white people from patronizing a public theatre and a Supreme Court review of the constitutionality of the act ensued. Would he have then submitted to the Supreme Court what he asserted in the Bray case, that the deliberate and forceful acts of the protesters did not amount to discrimination against black people? I can see bias written all over Roberts as he presents himself to the Senate for confirmation. If the Senate cannot examine his Justice Department and judicial records and positively conclude that he made up his mind decades ago about the constitutionality of abortion, school prayer, and the general application of 5th and 14th Amendments to civil rights issues, while he was a sassy government attorney for the conservative consensus, there is something awry in the confirmation process.

The human rights of women regarding the disposition of their bodies are much too important an issue to be relegated to the capricious whims of a Republican-controlled Congress. Laws which attempt to classify a fetus inside of a woman as an entity protected by the U.S. Constitution are sorely lacking precedent, for the Constitution mentions only two categories of individuals protected by the 5th and 14th Amendments. These are those who have either been born or naturalized, and the unborn are not mentioned at all.

Natural and induced abortions have occurred since the advent of man. The induced procedure was performed frequently in the days of the venerable Thomas Jefferson, who obviously didn't consider it an important enough issue to discuss publicly or in his personal writings. In fact, abortion didn't become a controversial subject of social and religious debate until the middle of the 20th Century. At that time, a religious revivalism was occurring throughout the United States allowing political candidates to use the popularity of moral issues, predicated on religious principle, to attract rank-and-file voters. If the popular 1950's radio evangelist preached that abortion was tantamount to murder and should be outlawed, and had influence over the minds of millions of American citizens, the pragmatic politician jumped at the opportunity to endorse the evangelist and the doctrines he taught in order to garner votes. Money has always been the mother's milk of politics, and, by riding the popular social, moral, and religious issues, the shrewd politician can effectively use that money to buy his way into state and federal office. But just because a social issue, such as abortion, is given religious credence by evangelists and career politicians, the issue doesn't, in any way, become a theological matter. This is what a discerning Supreme Court justice will have to seriously consider before casting a vote to reverse or affirm Roe v Wade. A sitting President cannot expect a prudent and unbiased justice to vote according to the political and religious winds blowing in favor of, or against, a particular standing Supreme Court precedent. Perhaps that is why he has nominated Mr. Roberts to be a rubber stamp for the neo-conservative agenda.

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A Jurist's Defining Moment

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Some, supposedly, legal matters defy the efforts of conscience prone jurists to place them under the knife of juridical dissection. Take, for instance, the sexual practices of consenting adults in the privacy of a bedroom. Just thirty years ago, the sodomy laws of ten of the thirteen original states made anal intercourse between homosexuals and between heterosexual men and women a crime. Then along came state Supreme Court decisions declaring such laws unconstitutional with the admonition that individual privacy is sacrosanct under the U.S. and state Constitutions. The "moral" laws, as they were commonly called, had been strictly enforced under 17th Century colonial jurisdictions when there was not a constitutional separation of church and state. The early Massachusetts Bay Colony was governed under puritanical law for nearly a hundred years in accordance with what the ruling Puritans considered as divine decrees set forth in the Bible. From 1640 until around 1750, a strict biblical code of morality was systematically enforced in the North American coastal region that was called New England, which was carried over into common law and eventually codified into state penal codes. Even after the ratification of the U.S. Constitution, these "moral laws" were retained by Massachusetts, Maine, New Hampshire, Vermont, and Rhode Island, the violation of which was criminal in nature. But, despite their statutory presence, the enforceability of such laws after 1789, limiting the expression of affection between mature consenting individuals, remained essentially negligible. The impractical effect of laws passed by the federal and state legislatures with the intent of proscribing intimately personal relationships and processes, such as inter-racial marriage and abortion, is summed up in the sage expression, you can not legislate morality. In order to insure that such laws are never declared constitutional and enforced upon the people of the American republic, the federal judiciary was established. And the highest court in the land is the U.S. Supreme Court, where constitutionality is ultimately and finally determined.

Perhaps conservative federal judges, selected to serve on the U.S. Supreme Court, go through a refiner's fire, of sorts, causing the individual jurist to realize the true meaning of Henry David Thoreau's motto, "That government is best that governs least." To have in one's hand the voting power to limit the personal freedom of an entire nation of people is quite an awesome responsibility. Such power causes the sincerely unbiased justice to think twice, if not thrice, about reversing previous decisions of the Supreme Court, to render them unconstitutional in favor of laws restricting civil rights. Roe v. Wade is such a decision which, if reversed, will affect the lives of millions of pregnant women throughout the country. I must believe that a majority of the "Brethren," who comprised the Supreme Court in 1973, voted their conscience in stating that the federal government has no authority to legally dictate what a woman can and cannot do with her own body. There might have also existed in their minds an additional consideration about the inappropriateness of attempts to legislate morality. Perhaps reflection on the poignant history of religion meddling in civil and criminal law, and the human death and destruction caused thereby, prods the prudent legal scholar to advocate and retain laws which are not predicated upon religious values and traditions.

The presumed predictability of jurists, judges, and legal scholars to follow particular conservative and liberal patterns of legal determination has historically come back to ironically bite expectant American presidents in their hind parts. Of all the people to be labeled as either conservative or liberal constructionists, seasoned jurists sincerely dedicated to a case-by-case analysis of federal issues are not among them. President Theodore Roosevelt presumed that Supreme Court Justice Oliver Wendell Holmes, Jr. could be relied on politically to endorse and advance his trust-busting agenda. In fact, according to Texas A&M historian H.W. Brands, Roosevelt's intention for appointing Holmes, in 1902, to the high court was for Holmes to vote in accordance with presidential policy. Two years later, however, Holmes proved to be an independently minded jurist when he dissented along with the Supreme Court minority against the position of the government in the case of Northern Securities Co. v. U.S., 193 U.S. 400 (1904). This put a rift between Roosevelt and Holmes which became substantially wider when Holmes, ten years later, commented on his dissent in the Northern Securities case and repeated authoritatively a statement by a contemporary that, "what the boys like about Roosevelt is that he doesn't give a damn about the law."

Perhaps this is what the boys on the Hill are saying about George W. Bush and his inner-circle of cronies. Perhaps Bush's appointment of John G. Roberts to the U.S. Supreme Court is a statement of his presumption that Roberts will vote predictably in accordance with the President's political expectations. Roberts has made quite a record for himself during his time working for the Executive Branch. He has it very plain concerning his unwavering stand on abortion rights. His ultra-conservative point of view has been established through the continual support he has given to militant abortion protesters in federal cases. As a Deputy Solicitor General, Roberts advocated the rights of abortion protesters to block access of women to reproductive health care clinics, a legal right guaranteed by the U.S. Constitution. In the case of Bray v. Alexandria Women's Health Clinic, 506 U.S. 263 (1993) (No 90-985), Roberts argued as amicus curiae (friends of the court) for the United States supporting Operation Rescue and six other individuals who routinely and forcibly blocked access of patients to reproductive health care clinics. In his intervening argument, Roberts asserted that the deliberate and forceful acts of the protesters did not amount to discrimination against women, even though only women could exercise the right to seek an abortion.

It would be interesting, if possible, to place Judge Roberts back in time to a circumstance where Afro-Americans were barred forcibly by a group of white people from patronizing a public theatre and a Supreme Court review of the constitutionality of the act ensued. Would he have then submitted to the Supreme Court what he asserted in the Bray case, that the deliberate and forceful acts of the protesters did not amount to discrimination against black people? I can see bias written all over Roberts as he presents himself to the Senate for confirmation. If the Senate cannot examine his Justice Department and judicial records and positively conclude that he made up his mind decades ago about the constitutionality of abortion, school prayer, and the general application of 5th and 14th Amendments to civil rights issues, while he was a sassy government attorney for the conservative consensus, there is something awry in the confirmation process.

The human rights of women regarding the disposition of their bodies are much too important an issue to be relegated to the capricious whims of a Republican-controlled Congress. Laws which attempt to classify a fetus inside of a woman as an entity protected by the U.S. Constitution are sorely lacking precedent, for the Constitution mentions only two categories of individuals protected by the 5th and 14th Amendments. These are those who have either been born or naturalized, and the unborn are not mentioned at all.

Natural and induced abortions have occurred since the advent of man. The induced procedure was performed frequently in the days of the venerable Thomas Jefferson, who obviously didn't consider it an important enough issue to discuss publicly or in his personal writings. In fact, abortion didn't become a controversial subject of social and religious debate until the middle of the 20th Century. At that time, a religious revivalism was occurring throughout the United States allowing political candidates to use the popularity of moral issues, predicated on religious principle, to attract rank-and-file voters. If the popular 1950's radio evangelist preached that abortion was tantamount to murder and should be outlawed, and had influence over the minds of millions of American citizens, the pragmatic politician jumped at the opportunity to endorse the evangelist and the doctrines he taught in order to garner votes. Money has always been the mother's milk of politics, and, by riding the popular social, moral, and religious issues, the shrewd politician can effectively use that money to buy his way into state and federal office. But just because a social issue, such as abortion, is given religious credence by evangelists and career politicians, the issue doesn't, in any way, become a theological matter. This is what a discerning Supreme Court justice will have to seriously consider before casting a vote to reverse or affirm Roe v Wade. A sitting President cannot expect a prudent and unbiased justice to vote according to the political and religious winds blowing in favor of, or against, a particular standing Supreme Court precedent. Perhaps that is why he has nominated Mr. Roberts to be a rubber stamp for the neo-conservative agenda.

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Pacific Beach DUI

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Pacific Beach, better known as PB is a part of the San Diego community and known for the party like atmosphere that persists mainly due to the large number of bars and nightclubs that draw in the younger crowd.

This is one of the San Diego police department's favorite places to arrest people for DUI through roving patrols and checkpoints. Pacific Beach is very conducive to DUI checkpoints because of the geographical constraints. There are only 3 ways in or out of Pacific Beach so it doesn't require a lot of manpower to nab a considerable amount of DUI drivers.

When San Diego PD sets up a DUI checkpoint in PB they normally set up on Grand and Garnet Ave., Ingraham St., and then to the north on Mission Blvd. before La Jolla. But a problem the Pacific Beach community has with the police setting up DUI checkpoints and roving patrols in PB is that you they are only targeting the crime of DUI and not all of the other alcohol related crimes that occur due to the abnormally large amount of bars and nightclubs.

If arrested for a DUI in Pacific Beach you'll be taken to the San Diego county jail downtown where you'll be processed, booked and most likely released on your own (depending on the circumstances) after approximately 5-10 hours. At that time you'll want to seek out the assistance of an aggressive DUI lawyer in San Diego that is familiar with PB and the frequent DUI checkpoints that the police set up there.

Some DUI lawyers specialize in DUI checkpoint law and know the intricacies they involve versus more traditional DUI stops.

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Pacific Beach DUI

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Pacific Beach, better known as PB is a part of the San Diego community and known for the party like atmosphere that persists mainly due to the large number of bars and nightclubs that draw in the younger crowd.

This is one of the San Diego police department's favorite places to arrest people for DUI through roving patrols and checkpoints. Pacific Beach is very conducive to DUI checkpoints because of the geographical constraints. There are only 3 ways in or out of Pacific Beach so it doesn't require a lot of manpower to nab a considerable amount of DUI drivers.

When San Diego PD sets up a DUI checkpoint in PB they normally set up on Grand and Garnet Ave., Ingraham St., and then to the north on Mission Blvd. before La Jolla. But a problem the Pacific Beach community has with the police setting up DUI checkpoints and roving patrols in PB is that you they are only targeting the crime of DUI and not all of the other alcohol related crimes that occur due to the abnormally large amount of bars and nightclubs.

If arrested for a DUI in Pacific Beach you'll be taken to the San Diego county jail downtown where you'll be processed, booked and most likely released on your own (depending on the circumstances) after approximately 5-10 hours. At that time you'll want to seek out the assistance of an aggressive DUI lawyer in San Diego that is familiar with PB and the frequent DUI checkpoints that the police set up there.

Some DUI lawyers specialize in DUI checkpoint law and know the intricacies they involve versus more traditional DUI stops.

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Medical Liens and Personal Injury Victims

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In the practice of personal injury law it is very common to see clients who have been injured in an accident and do not have health insurance in order to pay for their medical expenses. In order to assist accident victims who lack health insurance some medical professionals will treat a patient on a medical lien basis. A medical lien can extend the amount of time allowed for payment of medical bills incurred due to an accident.

A medical lien is a formal written agreement between a patient and doctor. The doctor agrees to perform necessary medical treatments in return for a promise on the part of the injured patient to pay the bill once their personal injury claim is resolved. It is important to note that few doctors will agree to perform services on a lien basis unless the patient has retained an attorney. Having retained an attorney is a critical factor with medical liens, as the attorney will be the signatory to the lien agreement. The attorney will act in a fiduciary capacity, or position of trust, to the doctor and protect his right to payment. A common misconception of the lien agreement is that the doctor's payment is contingent on the outcome of the case. While it is common for attorneys to perform legal services on a contingent fee basis, doctors do not perform medical care dependent on the outcome of the personal injury case. The lien is simply the doctor's agreement to await payment until the accident or injury case comes to an end. At such time the payment for medical services becomes due.

It should be noted that not all doctors accept liens, and not all doctors who accept liens will do so in every case. Many times, a personal injury attorney will have developed relationships with doctors in many medical specialties who will render medical care to injured clients on a lien basis. The medical lien is a valuable tool to enable victims of accidents who otherwise do not have access to medical care to receive treatment for their injuries.

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A Look at MICRA and Medical Malpractice in California

It is not the intent of this article to give an exhaustive treatise on MICRA, but rather to familiarize the reader with some of the highlights of the legislation that govern the prosecution of medical negligence cases from my perspective.

Although not strictly a personal injury case, most California personal injury attorneys consider medical malpractice to fall under the general banner of personal injury law. Many personal injury lawyers also practice medical malpractice law.

Specifically, medical malpractice is a case against a health care provider for substandard treatment of care recognized for medical practitioners in their community and causes further injury or death to a patient. The practice of medical malpractice law in California is governed by the Medical Injury Compensation Reform Act, or "MICRA" as it is commonly called. This Act, passed in 1975, regulates medical malpractice cases. The Medical Injury Compensation Reform Act is also in effect in a number of states around the country.

As the victim of a medical malpractice claim, one is able to collect, compensatory damages that may include the costs incurred around medical expenses, lost wages. A victim of medical malpractice may also be entitled to collect other special damages. Under the Medical Injury Compensation Reform Act restricts "general damages" or pain and suffering and emotional distress awards to a maximum of $250,000. The limit on the award for general damages holds true no matter how serious the injury caused to the victim.

The Medical Injury Compensation Reform Act also regulates attorney fees on a sliding scale that diminishes the amount paid to the attorney of the recovery. It must also be kept in mind that the costs of prosecution including costs of retention of expert witness and depositions are deducted from the settlement or court award prior to the calculation of attorney fees. In the typical personal injury case the usual custom and practice in the legal community is for attorney fees to be calculated as a percentage of the gross recovery.

The average person may think that regulating attorney fees and costs is advantageous to the consumer. This notion, in fact, is untrue; these types of regulations actually work against the consumer. Restricting the amount of fees an attorney can charge, changing the manner in which fees are calculated, and, most importantly, limiting the amount of general damages, makes it far more difficult for the victim of medical malpractice to find an attorney willing to represent their case. When injured victims cannot find counsel, the final result is often medical malpractice cases cannot be prosecuted in a cost effective and profitable manner. It is not uncommon for medical malpractice lawyers to speak to a prospective client who has already spoken to numerous attorneys trying to find representation, many times with no luck at all. Of course, discouraging medical malpractice cases was one of the primary objectives of MICRA as well as limiting just and deserved compensation to injured victims. It is also worth noting that the primary provision, including the limit on damages, has not changed since MICRA was enacted more than 30 years ago!

Most personal injury attorneys can answer your specific questions as to how MICRA would apply in the individual case. If you have a question about MICRA, or personal injury law in general please consult your local personal injury lawyer who can give you the specifics as to how your situation is impacted by the law.

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What Proposition 213 Means For Uninsured Auto Accident Victims in California

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If you have suffered an injury in a car accident that was not your fault, you are entitled to compensation for your injuries. As an injury victim you are entitled to compensation for:

medical bills
lost wages
property damage
pain and suffering
emotional distress

Compensation can divided into two separate categories. The first type is known as economic damages. Economic damages refer to reimbursement for the actual costs associated with the accident, expenses like hospital bills doctor bills and any other actual costs associated with the accident itself. The second category damages are referred to in the legal profession as general or non-economic damages. These types of damages are not hard costs of the injury, but reimbursement for any emotional distress or physical pain or suffering.

Back in 1996, Californians tired of the effects of uninsured drivers on the system as a whole, overwhelmingly passed Proposition 213. Proposition 213 states that an injured driver must show the vehicle had liability insurance coverage at the time of an accident in order to collect "general damages" from the driver who was at fault for the accident. This applies even if the driver was not at fault in any way for the collision. Simply put, if you are involved in a car accident that was not your fault and suffered an injury as a result, and were either the owner or driver of the car that was not at fault, you must show there was liability insurance coverage on the car in order to be compensated for your "general damages". Under Proposition 213, passengers who are injured in an uninsured car that was not at fault in accident can still collect general damages in addition to economic damages, as long as they are not owners of the vehicle.

There is one exception to Proposition 213. This exception occurs when the driver of the "at fault" vehicle was under the influence of alcohol or drugs at the time of the accident. In a case like this one, the driver or owner of the car that was not at fault can still collect general damages even if the car was uninsured at the time of the car accident.

Proposition 213 was the subject of intense and protracted litigation surrounding its provisions at the time it was enacted. It is now settled law and applies to all personal injury car accident cases in California. Your personal injury attorney should be well versed with Prop 213, its provisions and the means by which it may affect your individual case. Car accidents are the most common means by which people suffer personal injuries Experienced personal injury attorneys, therefore, are expert at all phases of the car accident injury case as well as the laws surrounding such cases.

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Determining the Value of Your Personal Injury Case

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From time to time personal injury clients will inquire as to precisely how the value of their case is determined. Personal injury cases generally fall into certain categories.These categories include but are not limited to:

Motor Vehicle Accidents Cars Motorcycles Bicycles Premises Liability Trip and fall Slip and fall Products Liability Defective product injuries

Although there are other ways injury victims can be hurt the foregoing list covers the most typical situations the injury attorney sees.

A victim of any of the listed types of injuries is entitled to monetary damages as compensation for their damages. Damages are either compensatory damages, designed to compensate the personal injury victim for their losses which include but are not limited to medical bills, lost wages, travel expenses, pain and suffering, emotional distress, etc. A victim of an injury may also collect punitive damages which are designed to punish the wrongdoer for particularly wanton, despicable, and outrageous conduct that is directly responsible for injuries suffered by a victim.

A personal injury lawyer should have a wealth of prior experience in evaluating injury cases. Also, all attorneys nationwide, have access to a database of information, as well as periodicals which detail both personal injury case settlements and court awards in prior similar cases. With these tools, an attorney will be able to conduct a complete case review with a thorough understanding of local awards and settlements. While settlements and court awards in similar cases outside of your local area may form a component of the analysis of your lawyer, the amount that similar cases brought in your location are the most telling evidence of the potential value of your individual case.

Most injury attorneys have had clients who have stories of friends or family that have had relatively minor injuries which allegedly brought huge sums of money through settlements or trails! Assuming that the information is accurate, it must be remembered that while there may be many similarities with other cases, each case stands as a unique entity. Small detail differences can dramatically affect the case value. Experienced personal injury lawyers are highly skilled in determining the value of your particular case. Do not be shy about discussing the value of your case with your attorney in order to gain a thorough understanding of exactly how your lawyer arrived at his valuation of your case.

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Looking Through the MIST - Minor Impact Soft Tissue Injury

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As a personal injury attorney in California I, or an attorney anywhere else for that matter can tell you, low impact cases resulting in soft tissue types of injuries, including whiplash, are specifically "red flagged" by the insurance industry as cases meriting special attention. Such cases have been labeled by the code word "MIST", short for Minor Impact Soft Tissue injury. The idea behind the "MIST" injury originated with insurance companies to allow for lower pay outs for claims resulting in little or no damage to the vehicles involved in an auto accident, and to also permit the insurance companies to pay less for injury claims that cannot be easily seen by the naked eye.

MIST cases are typically denied in their entirety by the defendant's insurance company. If the MIST claims are not denied categorically, the defendant's insurance company will often make an extremely low offer to settle, often not enough to even cover all the related injury expenses. This holds true even in cases where the defendant is clearly at fault in the accident. What can be even more frustrating is the fact that often, fault is admitted by the defendant in the accident. The insurance companies simply state that these "low ball" settlement offers are in keeping with what they see jury verdicts rendering in these kinds of related personal injury cases. As a result of the difficulty in litigating MIST injuries, many personal injury attorneys will no longer accept auto accident cases involving low property damage to a vehicle when the injury involved is a soft tissue injury.

The difficulty of litigating soft tissue injuries creates a quandary, leaving an auto accident victim with only two options: accepting the insurance company settlement offer or proceeding to take the defendant to court. Although one does not have to accept an insurance company settlement offer, there are a several facts to keep in mind during the decision making process. The first thing to remember is that going to court involves a substantial commitment of time for both the representing attorney and the recovering client. The second idea to consider is that bringing a case to trial and ultimately through to a verdict is often costly in terms of the expenses required to so, including but not limited to the costs of specialists, medical experts, and accident re-constructionists. Thirdly, it must also be noted that litigation can be risky and that there are absolutely no guarantees as to a successful result. It is up to the client to request their personal injury attorney to proceed through a cost-benefit analysis to determine if the case can be successfully litigated in a cost effective manner.

For victims of MIST injuries, it is important to engage in an active discussion about the possible outcomes of the options comprising soft tissue litigation. It is also important that one question their attorney about the bottom line when obtaining advice for an appropriate course of action to best resolve the soft tissue injury case.

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DUI Fines

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DUI punishment has become harsher over the past decade, and promises only to become more severe. Intimate familiarity with the penalties authorized or mandated by statute as well as the purposes of various sanctions is absolutely necessary for effective representation at sentencing. At the sentencing stage, the defendant's guilt will have been determined or admitted. This is, surprisingly, a prime opportunity for the DUI lawyer to prepare the court regarding the requirement of justice. Ultimately, the purpose of DUI statutes is to reduce the number of DUI offenses. Sanctions against convicted DUI drivers attempt to promote this through specific and general deterrence, as well as rehabilitation. Sentences may include incarceration and/or fines, community service, restitution, suspension or revocation of the driver's license, and rehabilitation programs.

A defendant can expect to pay a fine anywhere from a few hundred dollars up to several thousand dollars. The financial impact of a DUI conviction eventually extends beyond the courtroom. The real financial burden may include higher insurance premiums, loss of employment and even loss of family or child custody. The real financial cost thus cannot be easily calculated.

However, a further consideration in this context is the comparison between the amount of the fine and the financial resources of the defendant. Courts have ruled that since the defendant did not have the resources (or a reasonably near expectancy of them) to pay a $350 fine, that the fine was excessive and therefore, constitutionally prohibited.

Furthermore, the Supreme Court has ruled that the jailing of an indigent defendant solely because he or she is too poor to pay a fine violates equal protection where the offense would otherwise not be punishable by incarceration. Sentences of fine or imprisonment are thus not only challengeable on the grounds of abuse of discretion, but are subject to constitutional limitations as well.

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Product Liability - A Guide to the Facts

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Defective products, whether the defect lies in the design or the production or manufacture, can cause serious injury and even death. Product liability refers to responsibility for harm caused by a product. A product can be poorly designed, so that it fails to discharge its intended function, and by its failure causes harm to its user. A product can be properly and safely designed, yet defects in its manufacturing can make it harmful or dangerous to the end user. An appropriately designed and manufactured product can be marketed with inaccurate or misleading instructions, or fail to warn consumers of dangers inherent in the product.

Products liability laws state that all members of a distribution chain---the designer, the manufacturer, suppliers of component parts, the wholesaler, and the retail store that sold the product-can all be held responsible for a dangerous or defective product.

A products liability case does not hinge on the defendant's care or lack of care. If the product is shown to be defective, a defendant is liable whether the manufacturer or supplier exercised appropriate care or not. If the product has a defect that causes harm, the defendant can be held liable for the harm caused.

Experienced product liability attorneys provide legal counsel on a broad range of products liability cases, including automotive products, , recreational vehicles, construction equipment, aircraft and their component parts, consumer products, over the counter medications, including supplements, medical devices, children's toys, clothes, and other products and many other categories.

While products are generally taken to mean tangible personal property, products liability law includes intangibles such as a gas, animals, real estate such as a house or an office building, and intellectual property such as navigational charts.

A consumer or user of a product who has been harmed by the use of a product containing inherent defects can seek damages. The person seeking damages need not be the owner of a product; someone to whom the product was loaned or given, or who was required to use the product as part of their work could also pursue a claim.

Product liability is determined by state law, and products liability cases are litigated in state courts. To pursue a products liability claim, you will need to find an experienced product liability lawyer in your state.

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Medical Liens and Personal Injury Victims

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In the practice of personal injury law it is very common to see clients who have been injured in an accident and do not have health insurance in order to pay for their medical expenses. In order to assist accident victims who lack health insurance some medical professionals will treat a patient on a medical lien basis. A medical lien can extend the amount of time allowed for payment of medical bills incurred due to an accident.

A medical lien is a formal written agreement between a patient and doctor. The doctor agrees to perform necessary medical treatments in return for a promise on the part of the injured patient to pay the bill once their personal injury claim is resolved. It is important to note that few doctors will agree to perform services on a lien basis unless the patient has retained an attorney. Having retained an attorney is a critical factor with medical liens, as the attorney will be the signatory to the lien agreement. The attorney will act in a fiduciary capacity, or position of trust, to the doctor and protect his right to payment. A common misconception of the lien agreement is that the doctor's payment is contingent on the outcome of the case. While it is common for attorneys to perform legal services on a contingent fee basis, doctors do not perform medical care dependent on the outcome of the personal injury case. The lien is simply the doctor's agreement to await payment until the accident or injury case comes to an end. At such time the payment for medical services becomes due.

It should be noted that not all doctors accept liens, and not all doctors who accept liens will do so in every case. Many times, a personal injury attorney will have developed relationships with doctors in many medical specialties who will render medical care to injured clients on a lien basis. The medical lien is a valuable tool to enable victims of accidents who otherwise do not have access to medical care to receive treatment for their injuries.

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After a Motorcycle Crash - Protect Your Rights

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Information Whether or not a police or highway patrol officer is called to the scene, it is important to obtain names of witnesses who observed what occurred and to exchange driver's license and insurance information with all other drivers involved in the accident.

Notification It is equally important to notify your insurance carrier of the collision and to cooperate fully with your insurance company.

Statutes of Limitation These laws limiting the time by when one must file a claim or a lawsuit. It is important to know which statutes apply to your particular circumstance. It is wise to contact a San Diego motorcycle accident lawyer very soon after the crash in order to make sure that your rights are not forfeited, and that you can pursue your civil remedies.

Investigation It is crucially important for investigation of your accident to start before memories fade and before critical evidence at the collision scene has been removed, washed away or otherwise eliminated.

An experienced motorcycle accident attorney will employ an investigator who will travel to the scene of your motorcycle accident to find vital evidence and secure it for your case. While you are receiving medical care and are recovering, you many not feel ready to have your case resolved, yet evidence collection needs to be under way. An attorney and an investigator can obtain factual statements, scene photographs, accurate measurements, and collision photographs, leaving you to focus on your recovery and return to the quality of life you enjoyed before your injuries.

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DUI Fines

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DUI punishment has become harsher over the past decade, and promises only to become more severe. Intimate familiarity with the penalties authorized or mandated by statute as well as the purposes of various sanctions is absolutely necessary for effective representation at sentencing. At the sentencing stage, the defendant's guilt will have been determined or admitted. This is, surprisingly, a prime opportunity for the DUI lawyer to prepare the court regarding the requirement of justice. Ultimately, the purpose of DUI statutes is to reduce the number of DUI offenses. Sanctions against convicted DUI drivers attempt to promote this through specific and general deterrence, as well as rehabilitation. Sentences may include incarceration and/or fines, community service, restitution, suspension or revocation of the driver's license, and rehabilitation programs.

A defendant can expect to pay a fine anywhere from a few hundred dollars up to several thousand dollars. The financial impact of a DUI conviction eventually extends beyond the courtroom. The real financial burden may include higher insurance premiums, loss of employment and even loss of family or child custody. The real financial cost thus cannot be easily calculated.

However, a further consideration in this context is the comparison between the amount of the fine and the financial resources of the defendant. Courts have ruled that since the defendant did not have the resources (or a reasonably near expectancy of them) to pay a $350 fine, that the fine was excessive and therefore, constitutionally prohibited.

Furthermore, the Supreme Court has ruled that the jailing of an indigent defendant solely because he or she is too poor to pay a fine violates equal protection where the offense would otherwise not be punishable by incarceration. Sentences of fine or imprisonment are thus not only challengeable on the grounds of abuse of discretion, but are subject to constitutional limitations as well.

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Product Liability - A Guide to the Facts

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Defective products, whether the defect lies in the design or the production or manufacture, can cause serious injury and even death. Product liability refers to responsibility for harm caused by a product. A product can be poorly designed, so that it fails to discharge its intended function, and by its failure causes harm to its user. A product can be properly and safely designed, yet defects in its manufacturing can make it harmful or dangerous to the end user. An appropriately designed and manufactured product can be marketed with inaccurate or misleading instructions, or fail to warn consumers of dangers inherent in the product.

Products liability laws state that all members of a distribution chain---the designer, the manufacturer, suppliers of component parts, the wholesaler, and the retail store that sold the product-can all be held responsible for a dangerous or defective product.

A products liability case does not hinge on the defendant's care or lack of care. If the product is shown to be defective, a defendant is liable whether the manufacturer or supplier exercised appropriate care or not. If the product has a defect that causes harm, the defendant can be held liable for the harm caused.

Experienced product liability attorneys provide legal counsel on a broad range of products liability cases, including automotive products, , recreational vehicles, construction equipment, aircraft and their component parts, consumer products, over the counter medications, including supplements, medical devices, children's toys, clothes, and other products and many other categories.

While products are generally taken to mean tangible personal property, products liability law includes intangibles such as a gas, animals, real estate such as a house or an office building, and intellectual property such as navigational charts.

A consumer or user of a product who has been harmed by the use of a product containing inherent defects can seek damages. The person seeking damages need not be the owner of a product; someone to whom the product was loaned or given, or who was required to use the product as part of their work could also pursue a claim.

Product liability is determined by state law, and products liability cases are litigated in state courts. To pursue a products liability claim, you will need to find an experienced product liability lawyer in your state.

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Construction Injuries - The FAQ's and the Facts

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Working at a construction site is one of the most dangerous occupations in the United States. In 2006, the latest year for which statistics are available, 1226 construction workers died from injuries on the job. General unskilled laborers are the group most at risk, accounting for 27% of construction site deaths. Ironworkers and roofers also experienced high rates of injury and death. Here are some FAQ's and facts about construction injuries.

How common are construction site injuries? Every year one out of ten construction workers sustains an injury on the job.

What is the most frequent type of accident on construction sites? Falls, both in place and from height, are the most frequent type of accidents on construction sites. Other causes of injury include electrocution, trench cave-ins, and malfunctioning equipment, especially cranes, forklifts and other machinery.

What is the most frequent type of injury sustained in construction? Back injuries are the most frequently occurring type of construction injury.

Do certain trades have higher rates of injuries and death? Unskilled laborers have the highest rate of fatal injuries. Among the skilled trades, ironworkers and roofers have the highest rates of injury. For ironworkers, decking operations carry the highest risk of injury.

Can a construction injury attorney help me claim compensation for loss of earning capacity if I am injured on a construction job? An experienced construction attorney will work to recover lost earnings, and seek compensation loss of earning capacity. For example, if you earn a regular salary, and because of your injury you miss several weeks or several months of work, you are entitled to be reasonably compensated for the entire loss of earnings from the time of your injury until you are able to return to full time work.

What kinds of expenses are involved in a construction site lawsuit? Although each case is unique, most construction site lawsuits involve fees for investigators, consultants and expert witnesses, including engineers and medical personnel, case analysis, photography, computer graphics, and other expenses associated with preparation of models and evidence. In addition there are costs associated with researching and preparing a case, deposing witnesses, and court costs.

How can I pay for a lawsuit? The usual arrangement for hiring a lawyer in a construction injury case is a contingent fee agreement. The attorney agrees to be paid a fee only if the client's case is ultimately successful, either by settlement out of court or by a judgment following a court proceeding. The attorney then receives a percentage of the final amount recovered. This fee arrangement is helpful for most people because it does not require the person bringing the case to pay any money up front. Often the attorney may also be able to front part or all of the costs of litigation until the conclusion of the case.

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The Slippery Slope of Premises Liability Claims

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The typical personal injury lawyer deals in a variety of different kinds of injury cases. Most commonly, injuries result from all types of motor vehicle accidents including cars and motorcycles, defective products, medical malpractice, and premises liability situations. Of all the different sorts of cases the latter category premises liability, more familiarly referenced as slip and fall, can often be the most difficult type of case to establish negligence or fault on the part of the property owner, the prospective defendant.

In order to establish negligence on the part of the property owner the law requires that the injured party or plaintiff demonstrate that the defendant knew or should have been aware of the problem which caused the fall. To illustrate, a plaintiff slips and falls on liquid on the floor of a supermarket. The injured plaintiff must show that the store knew or should have known that the liquid was on the floor. Often businesses keep "sweep sheets" to show that they regularly survey the floor. These sweep sheets help substantiate that although the liquid may have been on the floor they cannot be held responsible for knowing about it. Another problem for plaintiffs in establishing fault on the part of the defendant in a premises liability case is that the victim, it may be argued, was not watching where they are walking and could have successfully avoided the slip and fall injury had they exercised more awareness of their surroundings. This argument, if successfully delivered, would make the plaintiff at fault either in whole or in part for their own accident.

To illustrate the particulars of slip and fall responsibility:

A landmark case over a slip and fall injury due to a banana peel came down to a critical point. The main question posed by the judge hearing the case was whether "the banana peel was yellow or brown?" In other words, if the banana peel was yellow then it had fallen shortly before the accident and the store cannot be expected to be watching all places at all times for the possible fallen banana peel. But, if the banana peel was brown then the implication is that it had been there for an extended period of time and the store, it could be argued, should have known about it and taken action to remove it.

Many plaintiffs' law firms will shy away from slip and fall cases. When seeking legal representation for a slip and fall injury, it is of great necessity to find an attorney that understands that exhaustive case preparation is necessary in order to marshal all the evidence to have a meaningful chance of showing the defendant is at fault. While premises liability cases demonstrate unique difficulties not presented in the typical personal injury case, they often can be won through meticulous case preparation and zealous representation.

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Hit and Run Accidents Will Literally Stop You in Your Tracks

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When the sun is shining and the weather is warm, you can guarantee that many more people will be outside enjoying the nice weather, generally more people will be out and about having a good time, taking more relaxing walks, going for a drive around town, and countless other activities that involve being anywhere but being stuck inside the home.

Individuals enjoying activities and having a good time is exactly what they should be doing. Unfortunately many of the people out enjoying family activities will fall victim to being involved in a hit and run accident.

If you are in the Orange county area, San Diego, Santa Ana, Anaheim, or the Los Angeles area, and you, one of your family members, or a close friend has fallen victim to this type of accident, you should immediately contact the professional services of a reliable hit and run attorney who has experience and knowledge in bodily injury and wrongful death. The experience that only skilled attorneys can give is a must in hit and run cases in California.

Becoming a victim is tragic for not only the person involved, but for the entire family as well. This is a type of accident that is hard for anyone to believe they are actually experiencing it.

Several drivers who end up being held responsible for a hit and run accident are found to be under the influence of alcohol or the influence of some other type drug, and they wouldn't normally show this type of behavior as in a hit and run, if they were not under the influence. The sad fact is when they sober up, the shock of reality will strike them and they will become aware real fast, that they very well could be facing a prison term for a very long period of time, for bodily injury or even wrongful death that they are responsible for.

There are numerous different types of injuries a person could suffer from if they have been involved in a hit and run accident on California roadways and highways. Some of these tragic and painful injuries include broken or fractured bones, concussion, coma, facial injuries, traumatic brain injury, paraplegia, quadriplegia, wrongful death, and countless other injuries.

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Construction Injuries - The FAQ's and the Facts

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Working at a construction site is one of the most dangerous occupations in the United States. In 2006, the latest year for which statistics are available, 1226 construction workers died from injuries on the job. General unskilled laborers are the group most at risk, accounting for 27% of construction site deaths. Ironworkers and roofers also experienced high rates of injury and death. Here are some FAQ's and facts about construction injuries.

How common are construction site injuries? Every year one out of ten construction workers sustains an injury on the job.

What is the most frequent type of accident on construction sites? Falls, both in place and from height, are the most frequent type of accidents on construction sites. Other causes of injury include electrocution, trench cave-ins, and malfunctioning equipment, especially cranes, forklifts and other machinery.

What is the most frequent type of injury sustained in construction? Back injuries are the most frequently occurring type of construction injury.

Do certain trades have higher rates of injuries and death? Unskilled laborers have the highest rate of fatal injuries. Among the skilled trades, ironworkers and roofers have the highest rates of injury. For ironworkers, decking operations carry the highest risk of injury.

Can a construction injury attorney help me claim compensation for loss of earning capacity if I am injured on a construction job? An experienced construction attorney will work to recover lost earnings, and seek compensation loss of earning capacity. For example, if you earn a regular salary, and because of your injury you miss several weeks or several months of work, you are entitled to be reasonably compensated for the entire loss of earnings from the time of your injury until you are able to return to full time work.

What kinds of expenses are involved in a construction site lawsuit? Although each case is unique, most construction site lawsuits involve fees for investigators, consultants and expert witnesses, including engineers and medical personnel, case analysis, photography, computer graphics, and other expenses associated with preparation of models and evidence. In addition there are costs associated with researching and preparing a case, deposing witnesses, and court costs.

How can I pay for a lawsuit? The usual arrangement for hiring a lawyer in a construction injury case is a contingent fee agreement. The attorney agrees to be paid a fee only if the client's case is ultimately successful, either by settlement out of court or by a judgment following a court proceeding. The attorney then receives a percentage of the final amount recovered. This fee arrangement is helpful for most people because it does not require the person bringing the case to pay any money up front. Often the attorney may also be able to front part or all of the costs of litigation until the conclusion of the case.

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The Slippery Slope of Premises Liability Claims

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The typical personal injury lawyer deals in a variety of different kinds of injury cases. Most commonly, injuries result from all types of motor vehicle accidents including cars and motorcycles, defective products, medical malpractice, and premises liability situations. Of all the different sorts of cases the latter category premises liability, more familiarly referenced as slip and fall, can often be the most difficult type of case to establish negligence or fault on the part of the property owner, the prospective defendant.

In order to establish negligence on the part of the property owner the law requires that the injured party or plaintiff demonstrate that the defendant knew or should have been aware of the problem which caused the fall. To illustrate, a plaintiff slips and falls on liquid on the floor of a supermarket. The injured plaintiff must show that the store knew or should have known that the liquid was on the floor. Often businesses keep "sweep sheets" to show that they regularly survey the floor. These sweep sheets help substantiate that although the liquid may have been on the floor they cannot be held responsible for knowing about it. Another problem for plaintiffs in establishing fault on the part of the defendant in a premises liability case is that the victim, it may be argued, was not watching where they are walking and could have successfully avoided the slip and fall injury had they exercised more awareness of their surroundings. This argument, if successfully delivered, would make the plaintiff at fault either in whole or in part for their own accident.

To illustrate the particulars of slip and fall responsibility:

A landmark case over a slip and fall injury due to a banana peel came down to a critical point. The main question posed by the judge hearing the case was whether "the banana peel was yellow or brown?" In other words, if the banana peel was yellow then it had fallen shortly before the accident and the store cannot be expected to be watching all places at all times for the possible fallen banana peel. But, if the banana peel was brown then the implication is that it had been there for an extended period of time and the store, it could be argued, should have known about it and taken action to remove it.

Many plaintiffs' law firms will shy away from slip and fall cases. When seeking legal representation for a slip and fall injury, it is of great necessity to find an attorney that understands that exhaustive case preparation is necessary in order to marshal all the evidence to have a meaningful chance of showing the defendant is at fault. While premises liability cases demonstrate unique difficulties not presented in the typical personal injury case, they often can be won through meticulous case preparation and zealous representation.

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A Glimpse on Car Accidents in California I

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The General Idea

For quite a long time, car accidents have been dominating the top spot on the list of reasons why people file their personal injury claims. From the data gathered by the National Highway Traffic Safety Administration (NHTSA), it is shown that at least six people are being engaged in car accidents every minute across the United States. In the State of California, where the most of the biggest cities in terms of population can be found, these accidents also create great concerns among the people and the government.

In general, excluding the states where a "no-fault" law has been adapted, car accident cases are being managed under the "tort law", specifically the statutes on negligence. This obliges any motorist and car owners to be "reasonably cautious" when driving their vehicles. The failure to perform such deed would mean negligence on their part.

Consequently, if a negligent driver has caused any harm to an individual, his victim may file charges against him and demand for suitable compensation for the damages inflicted. However, the injured victim or the plaintiff still has to prove the following factors before he succeed in his claim case:

the driver failed to exercise due prudence in driving his car

the negligence was the main reason for the accident

the accident have caused the injuries

Thus, it would be better if the victims would still consult a car accident lawyer for further advices and information on this legal matter.

Car Accident Statistics in California

Indeed, the number of vehicular accidents in California has reached its alarming level. A recent study shows an average of 415 fatalities from car rollover cases happen every year. This is much higher compared to the last decade's figures.

According to the 2004 government study on vehicles that have been involved in fatal crashes, cars such as wagons and sedans were first on the list with more than 1,700 deaths. This is followed closely by SUVs and minivans with approximately 1,050 fatalities. The study also affirmed that the many highways in California that permits high-speed transport have been a big factor.

In addition to this, the large populations and economic growth in cities like Los Angeles, San Francisco and San Diego have also been attributed in the numerous accounts of pedestrian accidents involving motor vehicles.

Car Accident Causes

The NHTSA and other agencies assigned to look at the safety conditions on our roads have identified the following causes of accidents:

driver incompetence

over speeding especially on bad weather and road conditions

tailgating

excessive lane switching

drunk driving

inappropriate overtaking and failure to signal intent

engine or break failure

other dangerous driving activities

For more information regarding car and automobile accidents, please contact with our Car Accident Lawyers

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