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Personal Injury Liability in San Luis Obispo

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Personal Injury Liability in
93401, 93402, 93403, 93405, 93406, 93407, 93408, 93409, 93410, 93412
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Auto Insurance, Injury Claims?
My Boyfriend Was Hit By A Drunk Driver While Working. Any Advice On The Best Way To Collect For Injury Etc.? State Of California

Your boyfriend should file a Workmans Comp claim to pay for any and all medical bills incurred in the accident. Contact the insurance company of the person that hit him and when you are ready to settle the injury claim (you have 2 years to either settle the injury claim or contact an atty and file a suit) I would try to settle the injury claim on your own to get the most money. If he has reasonable and related medical bills when you submit them to the insurance carrier, ask for maybe 5-6 times the medical bills and his lost wages. When you are hit by a drunk driver, the amount that is paid to you usually is higher than a normal settlement due to the gross negligence of a stupid drunk driver. Good luck and I hope he is ok.

&Quot;Wrongful Death Lawsuit&Quot; Wtf Is That?
I Committed A Murder Last August. I Just Went To Trial And Was Found Not Guilty Of All Charges. I Just Paid My Lawyer For All Fees Like 2 Days Ago And Was Getting Back To Enjoying Me Life. Now I Just Get Notified I'M Getting Sued By The Family Of My Ex-Girlfriend For Wrongful Death. How Can I Be Responsible For Her Death If I Am Not Guilty?!?!?! They Are Mutually Exclusive! So I Have Not Yet Contacted My Lawyer, But Do You Guys Think This Trial Will Be Comparable To A Murder Trial? The Case Really Took A Lot Out Of Me And My Health Is Very Poor. I Feel Like The World Is Crashing...Idk If I Can Go Through The Case Again. Might As Well Settle With The Bastards

Wrongful death is the civil equivalent to the murder trial. It is not a criminal trial. You cannot go to jail as a result of it. This is where the family of the victim is suing you for their damages that resulted from the death.

A declaration of 'not guilty' does not mean you are 'not culpable'. If you are responsible for her death, then you're likely also going to be responsible for the damages that resulted from it.

In a civil case, you do not have nearly the same level of protection and rights. You cannot claim the 5th and refuse to testify. The level of proof they need to make is lower. Rather than the 'beyond a reasonable doubt', they only need to show a 'preponderance of evidence'. You are not entitled to a court appointed attorney. Evidence that may have been thrown out in the criminal trial is likely to be allowed in a civil trial.

For an example of this, see what happened with O. J. Simpson (http://en.wikipedia.org/wiki/O_J_Simpson... )

Is There A Federal Agency That Provides Private Legal Assistance, If So What Is It?

The Legal Services Corporation (LSC) does fund locally-based legal aid services to people in financial need. Although it avoids calling itself a government agency it is funded by the Senate. So for all intents and purposes it is and it does.

For All You Lawyers And Legal People: Can I Refuse Consent For A (Car) Search?
'If' (Notice The Big 'If') I Was Pulled Over For Some Reason And He/She Had Some Reason To Ask If They Can Search The Vehicle, Can I Say No And Not Have Any Legal Backfire?

Sadly, the Fourth Amendment is not particularly helpful or relevant indetermining when the police can search your car. While it is theoreticallythe starting point of all search/seizure doctrine, the only way to know what the cops can and can't do is to look at the case-law.

I can give you an overview of the Supreme Ct's decisions on carsearches. Note that many state courts have broken with the Supreme Courtin recent years, and may give citizens more protection under the State Constitution than under the Federal. In addition, in each area there are different administrative or other guidelines to control police behavior.
However, in general, I would expect the cops to make full use of the limits of their constitutional powers.

1) Search incident to arrest: _New York v. Belton_ , police have the authority to search the passenger compartment of a car and any containers in it if they are arresting someone recently in that car. _Belton_ said that the police couldn't search the trunk without further justification, but the cops could probably justify a trunk search under a different line of cases.

2) Inventory searches: Anytime the cops tow a car, they can search the car and the contents of any containers inside of it, for inventory purposes. The justification is:
1) to protect the suspect's property,
2) protect the police from claims over lost or stolen property,
3) protect the police from dangerous instrumentalities (bombs in the car, etc.)

The relevant cases are _South Dakota v. Opperman_ and Colorado v. Bertine_. Note that even though this search is supposed to be for inventory purposes, they can use any evidence or contraband they find when they get you in court.

3) Car Searches with probable cause: Under _Chambers v. Maroney_ and U.S. v. Carroll_, the police can search a car whenever they have probable cause. If the cops have probable cause, they can either do the search immediately or tow the car to a police yard, and then do the search. Either
way, no warrant is required. The justification for this is that cars are mobile, and thus the cops can't wait to get a warrant or the car might leave. (I don't like this reasoning either). However, later cases, such as_Texas v. White_ and _California v. Carney_ show that the car doesn't need
to be in motion or stopped on the highway. The Carroll-Chambers rule will apply to any car parked in a public place. There is a limited exception to this for a car parked on a private driveway. Under _Coolidge v. New Hampshire_, the cops would need a warrant if the car is on private property and there is plenty of time to obtain a warrant.

4) Probable cause to search a single container in a car: Under_California v. Acevedo_, the cops can search the entire car (including trunk) whether they have probable cause for the whole car or just for a specific container. As an illustration, if the cop smells marijuana outside your car, s/he has probable cause to believe there is contraband somewhere in
the car. On the other hand, if you walk through the airport and the drug dog sniffs your luggage, and finds contraband, and then you put the luggage in your trunk, the cop only has probable cause to believe there is contraband in your luggage. Under _Acevedo_ this is irrelevant, so the
thinking cop won't arrest you until you get into your car, and they can search both the luggage AND your car.

5) A "frisk" of your car: This is even more vague than the above rules. To make you stop your car, the cops need a "reasonable articulable suspicion" that you are either committing a crime or carrying contraband. Once you
have stopped the cops have per se authority to make you get out of the car (meaning they don't have to justify such a request in any way). Then, the cop can "frisk" your car for weapons, and any containers which might
contain a weapon, if they have "reasonable articulable suspicion" that they might find one. The reasoning is that the cop is in danger, and can search you to protect themselves. A "frisk" of a car is a cursory inspection of locations likely to contain a weapon, analogous to a frisk of a person. The Supreme Court has not defined "weapon" very narrowly, leaving open the possibility that the cops can frisk your car if they see your softball bat on the back seat (This issue has not come up yet). Of course, if the cops happen to find an illegal weapon or contraband, they become endowed with probable cause, and can then go on to perform a full search, or tow your car and search it later.

Generally, I would say that with all of these doctrines allowing
car searches, the police would have to do something blatantly evil before they would be unable to justify searching your car.

Bottom line if they can find probable cause which they determine at the stop then they can search.

Does He Need An Attorney?
A Friend Of Mine Previously Had Elbow Replacement With A Prosthesis. He Was Able To Use His Hand And His Fingers Had Life In Them. One Of The Screws Came Out And The Doctor Was To Replace The Screw. He Did And A Week Later Infection Set Up. He Went Back In And Inserted Antibiotic Beads. After That He Went Back In An Took The Entire Prosthesis Out. He Said That People Can Function Without Them. Now He Cannot Use His Hand At All, His Fingers Are Dead(No Feeling). His Entire Arm Just Dangles As If It Was A Rope Hanging From Something. His Arm Goes All Around His Back. Does This Qualify For Malpractice Since He Cannot Do Anything With His Hand And Arm Now When Before Then He Was Able To Function With The Prosthesis , But Now He Is Dependent On Others To Help Him.

The facts are reported indicate that hte condition got worse as a result of the "treatment" that the doctor used on your friend. The fact hat he can not use his hand now and was able to before, should be an indisputable fact, as there should be many witnesses who can testify to this fact. He may be able to sue for emotional distress, pain and suffering, and money to make him "whole" economiocally ( money that he would have been able to earn if the doctor did not treat him in the manner in which he did) as well as punative damages to punish and strongly encourage the doctor to be more careful in the future. In order to do this you need and attorney. This is called personal injury and malpractice. This is the type of case attorneys who do this kind of law are looking for. You will not need to pay an attorney to do this case for you, as many personal injury and malpractice attorneys work on a commission basis which can be as much as 1/4 or even 1/3 of the judgement , which will pay for the attorney services and court cost. This whole process can take a while, but from what is indicated here you have a good case, and there may be more that one issue here due to the individual procedures individually and well as the cumulative effect and resultant harm. You friend should have no trouble finding an attorney to do this, indeed they may be knocking at you friend's door. Be sure to check on the attorney's track record and ask for refernces from people with similar case. Check with (Your State) Bar Association, American Bar Association, or the National Bar Association for references, and litigation hisories. BE SURE TO SELECT A GOOD ATTORNEY!!!!!!! (I found this web site that offers information and has directory available:

Malpractice Attorney Directory: http://www.malpractice-attorney-us.com

Question About Drunk Driving Laws?
Last Night My Friend Got Drunk At A Party And Lucky For Him He Was Able To Stay The Night There And Drive Home The Next Morning Fine. However, What Can I Person Do If He/She Can Not Stay The Night? Can Not Afford A Cab? Busses Are Not Running At That Time Of Night? Then What? Would It Be Ok To Sleep It Off In The Car? Or?

Depends on your location. Some states have specific penalties for being drunk in a vehicle. I know in California if they find you passed out in a parked car on a public street with the keys in the ignition you can still get a DUI. Happend to a friend of mine.

I would make sure to be in the backseat with the keys in my pocket. Better than risking a DUI so I'd check my local laws.