Personal Injury AttorneysWhat are Personal Injury Attorneys?

What are Personal Injury Attorneys?

Personal injury attorneys fall under the umbrella of tort law. This is an area of law that deals with civil wrongs (and a criminal defense attorney would be vital here). Personal injury attorneys are there to help you to sue someone when you have been wronged either morally, physically, or psychologically, due to negligence or wrongdoing on the part of a company, organization, or even a single person. These lawsuits can occur even in the cases that no harm was intended. A personal injury attorney seeks to right the wrongs that were done, whether they were done to you personally, to your property, or to your rights and/or reputation. The attorney will place the burden on the tortfeasor, or the one who did the wrong.

Criminal Vs. Tort Law

Since most attorneys who enter lawsuits end up having to bring their case to trial in front of a judge, the term “trial lawyer” can be quite confusing.

In most cases, civil wrongs, also known as torts, are not lethal, but do have some sort of damages attached to them, whether economic or non-economic. Most of the time, the case is pretty clear cut when non-malicious intent is established by the tortfeasor, or defendant. The liability is typically not so onerous that the plaintiff requests imprisonment of the defendant. However, criminal liability or negligence is not considered in these types of cases.Personal Injury

Torts can be various and include liabilities that are caused by the non-criminal actions or words of a person, or things such as injuries in the workplace, accidents on an individual’s property or accidents as a result of product defectiveness, medical mistakes, and even indirectly violating an individual’s constitutional rights.

Burden of Proof

In most personal injury cases, the burden of proof is fairly low. An attorney that specializes in personal injury will be able to point out civil wrongs, even when it’s not obvious to someone else. Typically, these types of cases are only filed when there is severe stress involved. However, civil wrongs should also be considered in the case that negligence resulted in the violation of the spirit of the law. Having a boston criminal defense lawyer for matters such as these would be best suited for Frank Fernandez, your criminal defense attorney)

Personal injury attorneys are only expected to point to the truth rather than to prove the case beyond a shadow of a doubt. Personal injury attorneys are civil litigators, not criminal litigators.

If you believe that you have been wronged in some way, it is a great idea to consult with a personal injury attorney because he/she will be able to advise you of all of your rights and can tell you whether or not your case is worth pursuing as well as what your chances are of actually winning.

China Domestic AbuseChina Considers Domestic Abuse Laws

China Considers Domestic Abuse Laws

Many of us have heard about some of the difficult and frightening things that occur in countries where women are not considered to be equals with men. One of those countries is, in fact, China. Because they are so separated from the rest of the world, it’s hard for us to see what is going on behind the closed doors of China. That being said, as of Wednesday, November 26th, the Chinese government has drafted a law regarding domestic abuse cases in the country.

What Is The Proposed Law?

Domestic abuse is a common issue in China, mainly because of the lack of value that they put on their women. It’s estimated that between 20 and 30 percent of the women in the country have experienced some sort of domestic abuse. After talking with your personal injury lawyer, Michael Dreishpoon we know that the law that is being proposed is that the Chinese law enforcement that has been contacted will have to respond immediately to any sort of claims about domestic violence. On top of that, the person that is being accused (if they are proven guilty) could end up serving anywhere between 3 and 7 years of jail time, depending on the severity of the abuse and a variety of other factors.

Change Takes Time

China Abuse

As with any sort of law, change is going to take time. Even though the Chinese government has worked to try and make sure that people are able to get what they need and that women can be better protected than they have been in the past, change is still going to take time. Changes in attitudes and in how people report these things is going to take a bit of time on everyone’s part, and the important thing is that we need to be a lot more patient.

What do you think about what the Chinese and their change in policy when it comes to domestic abuse? Will they ever have laws similar to those of countries like the United Kingdom and the United States, or is this just something that they’re done to try to better their national image?

Either way, if you need a personal injury lawyer in queens ny then Mr. Dreishpoon is the one you need when looking for a personal injury attorney.

Child CustodyWhen to Hire an Attorney for Child Custody

When to Hire an Attorney for Child Custody

The whole point of a child custody hearing is to determine what the most appropriate arrangement for child custody is. The best interests of the child are most often taken into consideration in these cases. You can go into these cases on your own, but you can also hire an attorney to represent you. It can be quite difficult to decide when you need an attorney. Following are some things to consider when trying to make the decision to do it yourself or to hire an attorney.

1) Look at your financial resources.

You may feel that it’s best to hire an attorney to help you in your hearing for child custody. However, you should think about what your finances look like and whether or not you’ll be able to afford to pay one. Retaining an attorney for a child custody case can be very expensive, and is based on several different factors, such as the state you’re living in and the number of hours that he/she would need to invest into the case. When you’re considering hiring an attorney, you will need to ask several questions, including how much they expect the case to cost, before you agree to hire them.

However, if you’re in a situation where you can’t afford an attorney (like one from David Cohn Law who is the best criminal lawyer in toronto), but you really need one, you might be able to obtain low cost or even free legal representation through the courts. It is very important that you understand free and low cost representation is typically based on your income.

2) Complexity of Your Custody Case

When thinking about your child custody case, if there are some complex issues involved, it may be necessary to seek legal counsel to represent you in court. However, you must make sure that if your case is complex, the attorney you choose can handle it. Be completely open and honest with them before hiring them to make sure they are familiar with your type of situation. On the other hand, if you still wish to represent yourself, make sure that you go into it as prepared as possible in order to give yourself the best chance of winning.

3) Reputation of Attorney

When you’ve decided to hire an attorney, you must consider their reputation. Find out how familiar they are with family law, criminal defence lawyer Toronto, and child custody and how many cases like yours that they’ve dealt with. Additionally, you’ll want to find out what the outcomes of those cases have been.

If the courts have granted you low cost or free representation, find out what their reputation is regarding family law and child custody and how many cases they’ve won. You will also want to find out what their strategy is for winning.

To find out more information about child custody attorneys in your state, visit the website of your State Bar Association. There, you should be able to find a list of attorneys that specialize in child custody. You can also consider asking for a referral from friends and/or family if they have dealt with this situation.

Fire Your AttorneyReasons to Fire Your Criminal Attorney

Reasons to Fire Your Criminal Attorney

You’re frustrated with your attorney, but you’re not sure whether or not it is worth firing him/her. If you’re upset because he/she is not returning your calls within 24 hours, that’s not a good reason to fire him/her (unless it’s habitual). On the other hand, if you’re frustrated with trust issues, that’s totally different. If you don’t feel you can trust your attorney, you will most likely not be comfortable with him/her handling your case. If your case has already gone to trial, you’ll need a really good reason to fire your attorney.

Ignoring Communication

If your attorney is in the habit of ignoring all communications from the court and other officials or individuals involved in your case, as well as ignoring your communication- that’s a good reason to be upset. If you feel your attorney is not responding to communication in an appropriate time period, talk to him/her about it. Attorneys are obligated to keep in touch with their clients, in addition to communicate with others regarding the case. Need a good attorney? Go to http://criminaldefenselawdallas.com/ for DEFENSE ATTORNEYS! Defense Attorneys aren’t all created equal.

Not Informing You of Offers

Both before and during the trial, the prosecutors can offer plea deals. Your attorney is obligated to keep you informed of this- even if he/she knows you’ll turn them down. If your attorney does not inform you and you find out about an offer, you can request that he/she be removed from your case. In addition, you can file a complaint of malpractice with the bar association.

Unable to Trust

When you have an attorney representing you, you should be able to trust that all communications a private. If, on the other hand, your attorney discusses your case with others- who you have not authorized- you can have him/her dismissed from the case- and it could also result in him/her losing their license to practice law.

Poor Performance

Even if you’re guilty and your attorney knows it, he/she is still obligated to defend you. If he/she is purposely sabotaging the case, offering poor legal advice, or neglecting necessary paperwork, it is a violation of the contract between you. In this case, you should not only fire him/her but also report him/her to the bar association of the dates and times as well as information that proves this lack of performance.


Filing an AppealFiling an Appeal

Filing an Appeal

In the American legal system, you have the ability to appeal the outcome of the court’s decision in your case. The appeal process is very often misunderstood. Though you can appeal the decision of the court, you can’t do so simply because you’re unhappy with the results. In order to appeal, you must prove that the judge made a mistake in his/her decision.

Acceptable Reasons for Appeal

When it comes tAppealo family court decisions, the only acceptable reason to appeal is if the judge erroneously applied the law or didn’t completely understand the facts. For example, if you were ordered to pay child support on three kids, but there are only two. Maybe the judge wrongly interpreted the law or simply abused his/her power. When you appeal a family court judge’s decision, you must prove a definite error on the part of the judge.

Process of Appeal

Your case will not be re-heard in the appellate court. They will simply take records from the first along with written arguments explaining where you feel the judge was wrong. If your ex is the one requesting an appeal, you do not have a chance or the right to present your case. The argument will be read to a panel of judges in 15 minutes or less. You will not be able to be present. A formal decision will be made on the case and mailed to you later.

Drawbacks of Appeals

The time and expense involved is one of the biggest drawbacks to appealing the family court’s decision. It may be a year or more before your appeal is finally resolved. Additionally, you should know that most of the time, appeals require an attorney due to the complexity, so there’s the high attorney’s fees and other legal expenses.


When it comes to family court decisions, the judge is expected to interpret facts on a case by case basis. They have been granted discretion, which basically means that their decisions are based on their opinions. There really aren’t any specific rules. When appealing, you must prove the judge was wrong- but there really is no right/wrong in family court. Most of the time, the appellate court will not decide that the judge’s feelings were wrong and only overturn decisions if there was a glaring legal mistake made.