When a criminal or civil case is filed without sufficient basis or for the wrong purpose, the victim has the right to sue the defendant for malicious prosecution. The law prohibits any individual from abusing the legal process. According to the website of Clawson and Staubes, LLC Injury Group, being wrongfully accused of a crime can bring humiliation and embarrassment to the plaintiff.
In order to succeed with a malicious prosecution case, there are four elements that needs to be proven:
1. The original case was dismissed in the victim’s favor
The victim must prove to the court that the case was dismissed in his favor. If there was a plea deal or the victim pleaded to a lesser charge, a successful malicious prosecution case is unlikely. Likewise, if there was a not guilty verdict, proving malicious prosecution can be difficult.
2. Active involvement
For their case to be successful, the plaintiff must be able to prove that the prosecutor played an active role in the criminal case. For instance, it was the prosecutor who filed the charges, handled the case, and supervised the other attorneys handling the case.
3. Probable cause
The prosecutor must be able to prove that the defendant had probable cause to commit a crime. If they are able to gather enough evidence to support reasonable suspicion for committing a crime or that it was more likely for the defendant to commit the crime, then there is probable cause.
4. Improper Purpose
To prove improper purpose, the plaintiff must be able to show that the prosecution did not make a mistake or gathered information but relied on that wrong information. Pursuing the case despite the lack of probable cause is a good example of improper purpose.
However, the problem with filing a malicious prosecution case is that the prosecutor is immuned from any liability in such types of cases. Such immunity is designed to protect prosecutors and other law enforcers so that they can do their jobs without having to defend themselves from allegations of malicious prosecution.
However, if it can be proven that the prosecutor acted beyond his authority by instigating or pursuing a criminal case, they may be exempted from such immunity.Read More
Losing a loved one as a result of somebody else’s negligence can be a devastating experience. And while it cannot replace the life that was lost, filing a wrongful death claim can at least help the surviving family members to recover and get back on their feet again. The Legal Dictionary defines wrongful death as the taking of the life of an individual due to the willful or negligent act of another person or persons.
According to the website of Zavodnick Zavodnick & Lasky, wrongful death may arise from medical malpractice, car and motorcycle accidents, criminal behavior, construction accidents, and workplace injuries. A wrongful death claim can be filed independently from criminal charges. According to the Legal Dictionary, “neither proceeding affects nor controls the other.” This is regardless of whether the act was intentional or not.
A wrongful death claim is filed by a representative on behalf of the survivors affected by the death of the deceased. The representative is usually the executor of the decedent’s estate. They are called “real parties in interest” and may vary from one state to another. The representative of the decedent may include the following:
Immediate family members. All states recognize immediate family members such as a spouse, children, and parents of unmarried children as parties that may file a wrongful death claim.
Life partners, financial dependents, and putative spouses. In some states, the domestic or life partner, persons who are financially dependent on the deceased and putative spouses can also recover damages in a wrongful death claim.
Distant family members. Distant family members are allowed by the court to sue for wrongful death. A grandparent who is raising a child can also file a wrongful death case.
Persons who experience financial suffering. If a person is financially dependent on the deceased, they can file a wrongful death claim for lost care or support.
Parents of a dead fetus. In some states, a deceased fetus serves as the basis for a wrongful death suit. In other states, parents cannot file a wrongful death claim for the purpose of recovering financial and emotional losses.Read More
Family courts consider many different factors when making decisions over divorce-related issues, which include child custody and visitation rights, child support, spousal support or alimony, and division of property, assets and debts. Though these factors usually differ from one state to another, there is one similar basis when it comes to determining who shall have custody of the child: the child’s best interest.
A child custody lawyer from the law firm Kirker Davis, LLP, explains that, under Texas statute, the overarching standard for Austin and Texas courts in making conservatorship determinations is to ensure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child and to encourage parents to share in the rights and duties of raising a child after they have separated or divorced.`
More than one hundred years ago, child custody was a right enjoyed by fathers; this was due to the Property Law and inheritance issues that were in effect during those times. The early 1900s saw a new direction in how courts decided over child custody cases. Having perceived that mothers were naturally better caretakers of their children, there was, then, the transfer of custodial right to mothers. This perception came to be known as the “The Tender Years Doctrine” and it remained to be observed up to the 1970s.
Since then, neither father nor mother has the sole right to custodianship or conservatorship because so long as the court finds both parents fit to care for their child, then the child will not be denied the love and care of both parents. This is why many courts today are in favor of joint conservatorship and, so, give both parents equal time with their child, as well as equal rights in making decisions for their child’s well-being. Under the joint managing conservatorship ruling, the child may either reside with one parent at a location that is easily accessible to the other parent, or move from one parent’s residence to another.Read More
On the early Saturday of April 2, police deputies swarmed all over Harris County, Texas to give out arrest warrants to parents who have failed to pay a minimum of $20,000 in child support payments.
According to Constable Alan Rosen, even though law enforcement “executes” all kinds of court orders every day, “it really pulls at our heart strings to see arrest orders showing that defiance of a family court judge means that children are left without proper resources.”
A survey conducted by the National Center for Health Statistics show that around 41% of first marriages usually result in a divorce, with that rate increasing to 60% and 73% for second and third marriages, respectively.
Child support is defined as the financial obligation to support your child as he or she grows up, regardless if he or she lives with you or not, but more so if you are not the parent providing the primary care.
The website of attorneys at the Maynard Law Firm says that it is essentially easier to determine the amount of child support that one parent has to provide the co-parent in a sole custody case as such amount is usually decided upon in court in front of a judge after each parent has presented his or her case and the factors to his or her ability to provide for the child, such as a stable income and the manner of how he or she gets it. In a joint custody case, however, it gets a little trickier.
In a joint custody case, percentage each co-parent contributed to the joint income at the time they were married influences how one parent would pay for child support in the way that the more one parent contributes to the joint income, the more that person has to pay for child support.
Also, the percentage of time each parent actually has physical custody of the children determines the amount of child support that might be owed. That is to say, the parent who is the one living with the children is assumed by the courts to bear most of the child-rearing costs. As such, the parent who lives with the children only 20% of the time will have to pay more in child support than the ex-spouse who spends 80% of their time with the children.Read More
Spinal cord injuries happen from a severe blow or another form of injury which problems the vertebrae (bones of the back) to the level that pressure is brought by it on or deliver pieces to the spinal cord. The back isn’t ordinarily cut, but partial or complete paralysis can be caused by the injury below the point of damage or impact.
The spinal cord accounts for carrying electrical signals from the mind to the rest of the human anatomy, which dictate senses and voluntary movement. Thus, the signals are partially or absolutely obstructed, depending on the extent of the injury, when the wire is damaged. Unfortunately, there’s no treatment available to fix spinal cord injuries.
According to the website of Habush Habush & Rottier, there are numerous ways one can hurt the spinal cord. However, a big part of cases are due to severe and abrupt traumatic events, like motor vehicle collisions, falls, or assault. Crisis hospital treatment is indicated for any assumed back injury as a prompt consideration that is expert may significantly reduce the degree of the harm.
Symptoms of Spinal Cord Injury
Back accidents may not be instantly clear following a traumatic event. The following are signs of spinal-cord injury that is potential and needs to be closely monitored following an accident:
- Spastic movements
- Right back pain that is severe
- Pressure in brain the back or neck
- Breathing difficulty
- Reduction of balance
- Prices related to spinal-cord Injury
Depending on the degree of the harm, a victim may possibly anticipate the very least of $15,000 during a lifetime in health-related prices a year, and above $500,000. This doesn’t comprise the costs of hospital care and emergency medical treatment after an accident, the lack of potential revenue, or the emotional and mental effects of partial or complete paralysis.
In the event you or someone you know has suffered from spinal cord injury due to the disregard or carelessness of a third party, it really is conceivable to seek a settlement.Read More
Zofran is a widely used drug, prescribed globally. It is most often used to treat symptoms of nausea and vomiting. It has proved very effective a treating the nausea and vomiting associated with chemotherapy treatments and post-operative surgery. While this drug is very effective, it is not without its draw backs. Like all medications, Zofran has many side effects, ranging from mild to very dangerous, which could potentially become problematic is patients, doctors, and the makers of the drug do not take appropriate cautionary measures.
Some mild side effects of Zofran include constipation, dizziness and headache. These are the most common side effects that patients experience when consuming the drug. These side effects cause discomfort in patients but are not dangerous or life threatening, and generally the use of the drug can be continued even when these are experienced.
More severe side effects have been experienced in a smaller percentage of patients. The injectable form of the drug has been linked to a potentially fatal heart rhythm in certain patients. Additionally, according to the website of the Williams Kherkher, Zofran has been linked to birth defects in the children of women who were prescribed the drug while pregnant. Some women experience severe morning sickness, and the makers of Zofran marketed Zofran to treat the symptoms of nausea and vomiting associated with this condition. However, this drug proved to be very harmful to pregnant mothers, and a link was noticed between Zofran and birth defects such as congenital heart defects, cleft lip, and cleft palate. If you were prescribed Zofran while pregnant and your child has any of the above birth defects, you may be entitled to certain damages. It is important to talk to your doctor about all potential side effects of a medication such as Zofran before using it.Read More
Adverse side effects of powerful drugs are something that people who have no other treatment options have to accept. They make this choice when they consult with their doctors and decide to go ahead with treatment. They take the risk of adverse effects because of the benefits.
However, when crucial information is withheld that could have affected this choice, this is negligence. If the doctor fails to explain it in full to the patient, it is medical malpractice. If the drug company suppresses information from both the doctors and the patients, it is product liability.
In far too many cases, drug companies withhold information that may affect their sales. In the case of Risperdal (risperidone), an atypical antipsychotic that appeared to be safe even for children diagnosed with autism, schizophrenia, or bipolar disorder, the knot in the wood was gynecomastia. According to the website of Risperdal lawyers of Williams Kherkher, gynecomastia is the abnormal development of male breasts.
It appeared that Riperdal could cause gynecomastia in young boys. Granted that Risperdal is effective in controlling the symptoms of approved mental disorders, parents may have thought twice about putting their young son on a drug that could have undesirable long-term effects. Other treatments available could get the job done well enough without these effects.
The big mistake of drug maker Janssen Pharmaceuticals (a division of Johnson & Johnson) is that it suppressed this information from the Food and Drug Administration (FDA), doctors, and patients. When the connection was made, and the courts imposed fines on Janssen and J&J, it opened the floodgates for civil lawsuits.
The first case that went to trial for the allegation that Janssen willfully withheld information about the causative link between gynecomastia and Risperdal was filed in Philadelphia. The patient, Austin Pledger, first started taking Risperdal in 2002 for autism when he was 7 years old. The now-20-year-old has 46 DD breasts. The jury found Janssen and J&J liable for damages to the tune of $2.5 million. The drug maker is expected to appeal.
If you can relate in a meaningful way with the plight of Austin Pledger, then you may also be eligible to sue Janssen and J&J. Contact an aggressive Risperdal lawyer in your area to advise you. You may also be the first in your state to make it to trial.Read More
Accidents happen every single day – but you never quite expect it on a cruise ship.
A cruise ship, by design, is meant to make people free from all the stress that regular life brings forth. A vacation aboard a cruise ship is often coveted by many as the idea of exploring the seas, inhaling that fresh sea breeze, spending time with one’s friends and family is extremely ideal. That is why, according to thevuccilawgroup.com, every precaution should be taken upon constructing a cruise ship and must also be well equipped with safety paraphernalia, should there be an emergency.
Can you imagine a medical mishap happening while you are nautical miles away from shore and proper medication? What if you experience an accident while aboard the ship – like a broken bone or have a sudden stroke – and the crew was insufficiently staffed with the proper materials to care for such an incident? A lot people do not understand that they have certain rights and privileges following an incident like this – and even when they do, there are times that the victim either contacts the wrong sort of help or acts far, far too soon. Many cruise lines get away with negligence by pleading a lack of reported incident, or something of the rather. There is (rather, there can) always be something.
That is why it is of the utmost importance to get competent capable help, in order to make sure that your case is properly represented but you are also given only the best kind of compensation and medical treatment available. After all, a cruise is meant to relax you and not add on to the stress you already have. Accidents can often result into disabilities or disfigurements, which could result into you not being able to work for a prolonged period of time. This could mean lost wages or even the loss of the job itself. Allow for specialized legal practitioners to handle such a case like this and allow for yourself to recover, rest, and relax – as you should have been allowed to do.Read More
If Kylie Jenner thought she could forget about a car accident that happened more than a year ago which apparently had no earmarks of being the harbinger of trouble, she’s wrong.
The 17-year-old member of the Keeping up with the Kardashians reality show recently received notice that she, together with her mother, was being sued by one of the other parties involved in a three-car fender bender that occurred in August 2013. The plaintiff claimed that she had sustained serious injuries in the incident, although police records indicate no injuries or illegal acts in the Calabasas accident report on that date.
The plaintiff’s suit alleged that Kylie was driving at an unsafe speed and that her mother, who was the registered owner of the vehicle, was irresponsible for letting an incompetent driver behind the wheel. Although the lawsuit took a while to get filed, it is well within the statute of limitations for a negligent personal injury case in California, which is two years from the time of the incident.
The statute of limitations is perhaps the most important technical factor in filing a personal injury lawsuit for a negligent car accident, or any civil lawsuit for that matter. Because civil cases are not always a crime (although some are), it is important that you are aware about what the time limits are for your particular case. Jeff Sampson is an authority on the subject. Gathering the information and documentation for a civil case can take a lot of time, but it isn’t always necessary to have everything ready to file a suit, if only to avoid the statute of limitations running out. If that happens, no matter how solid a case is, there will be no way that you can make a claim.
A car accident lawyer will definitely know the statute of limitations in the relevant state, as well as other things that you will need to know about filing a lawsuit. If you believe you have a valid claim for a car accident personal injury case, consult with a lawyer as soon as possible to help you get the wheels moving.Read More
A great majority of personal injuries are the result of car crashes. Despite the security that auto insurance can provide, hiring an Oklahoma personal injury lawyer may still be necessary. The need to hire a lawyer to help with the legal proceedings stems from the fact that there is a lot at stake following a car crash that resulted in injuries. Having a lawyer would make it easier to present your case and negotiate a fair settlement.
It is the responsibility of the injured party to prove the extent of the injury. This can mean providing the lawyer with documents such as medical records and police reports. It is likewise important to present the medical bills, wage stubs (to prove the loss of wages due to the injury), photos of the scene, information on the other driver (name, address, insurance company, and phone numbers), and even photos of the injuries sustained. These will be presented in court and will be the basis on the amount of compensation that will be awarded. Despite appearing to be uninjured after an accident, it is still important to go to a doctor to ensure that there is no physical damage, since not all injuries exhibit themselves immediately. Whiplash is one such injury.
Many personal injury lawyers offer free consultation, and would only get paid after the case has been settled. Consulting with a lawyer would help you determine the extent of the compensation as well as help in the negotiation to arrive in a fair settlement agreement. If the injuries are serious and you are required to stay in the hospital, the lawyer will be the one who will gather the necessary evidence and present your case in court as your legal representation. It is important to not immediately sign or accept any settlement unless your lawyer have properly evaluated the extent of the injuries and damages.Read More