Hansen & Miller Law FirmHansen & Miller Law Firm2024-03-07T19:02:13Zhttps://www.hansenmiller.com/feed/atom/WordPress/wp-content/uploads/sites/1302264/2020/09/cropped-site-icon-32x32.jpgOn Behalf of Hansen & Miller Law Firmhttps://www.hansenmiller.com/?p=482632024-03-07T19:02:13Z2024-03-07T19:02:13ZHow to get the most out of your personal injury claim settlement
When the defense offers to settle your car accident personal injury case, you need to take a step back, regroup, and analyze the evidence before making a decision. With that in mind, here are some ways to maximize what you get out of your settlement:
Be armed with evidence: If you want to push for more compensation out of your settlement, then you need to have compelling evidence that convinces the other side that they’re going to end up paying even more if they wind up taking their case to trial. So, if you want to counter a settlement offer and get the most out of your claim, then be sure to highlight the evidence you have when responding to the defense.
Articulate the full extent of your damages: Out of context, a settlement offer might seem like a lot of money. When compared to your losses, though, it could be far too little. Therefore, you need to have a full understanding of your damages and be able to articulate them to the defense. This might convince them to increase their offer so that they’re not at risk of having to pay more if your case ends up going to trial.
Anticipate the defense’s arguments: Even if you do the actions mentioned above, the defense might still raise arguments as to why you should accept the settlement offer and why you’re at risk of recovering less or even nothing if you take your case to trial. If you can anticipate these defenses, then you can prepare yourself to counter their assertions. This is especially true when it comes to arguments of comparative negligence.
Don’t give in: You need to have confidence going into your settlement negotiations. If you don’t, then you could be setting yourself up for failure. In this situation, you’ll be tempted to take a quick settlement at a value that’s far less than your claim is worth. You want to avoid this. So, don’t be afraid to push back against the initial offer handed to you. That way you know you’re advocating for what you deserve and will likely get more out of the negotiation process.
Don’t lose out on the compensation you deserve
There’s a lot at stake in your car accident case. If you mishandle your claim, then you could be robbed of the compensation you need to spur yourself to a successful recovery. Don’t fall victim to that sort of outcome.
Instead, diligently work your case so that you maximize the chances that you’ll recover what you deserve. If you have questions about doing that, be sure to discuss the matter with your attorney. By doing so, you’ll hopefully protect your financial stability, your recovery and your future.]]>On Behalf of Hansen & Miller Law Firmhttps://www.hansenmiller.com/?p=482622024-03-02T15:29:47Z2024-03-05T15:28:41ZUse of weapons
One of the most common aggravating factors is the use of weapons during a crime. Whether it is a firearm, a knife or any other dangerous instrument, the presence of a weapon increases the threat level and the potential harm.
Serious bodily harm
Crimes that result in serious bodily harm may fit the definition of aggravated. This includes injuries that cause long-term impairment, disfigurement or significant pain and suffering. The severity of the harm inflicted is a big determinant in calling a crime aggravated.
Vulnerability
Targeting vulnerable individuals such as children, the elderly or people with disabilities can aggravate a crime. Exploiting the vulnerability of a person shows a disregard for their well-being.
Planning
Crimes that people plan out ahead of time are usually seen as worse than ones that happen suddenly. Planning shows that the person meant to do it and thought about it before. That makes the crime seem more serious.
Violation of trust
When the person who does the crime is someone the individual trusts, like a teacher or a caregiver, it makes it worse. Breaking someone's trust makes the crime more serious.
Hate motivation
Attacks motivated by prejudice or hatred towards a particular group based on factors such as race or religion are particularly harmful. Hateful motives make the incident worse and hurt the community more.
There are many nuances to criminal law. By considering all of these factors, legal systems strive to promote the safety and well-being of society.]]>On Behalf of Hansen & Miller Law Firmhttps://www.hansenmiller.com/?p=482612024-02-29T03:37:19Z2024-02-29T03:37:19Zaren’t the only damages that you’re going to face. You’re also going to be hit with financial losses tied to medical expenses, rehabilitation costs, and lost wages, and your mental health is sure to take a toll given the stress of your situation.
While all of that can be incredibly stressful, you may be able to find relief if you can successfully pursue a personal injury lawsuit. However, if you’re like a lot of car accident victims, then you don’t even know where to start in building your case or where to turn for help. We hope that this post will provide you with some guidance and, as a result, some peace of mind.
How to start building your personal injury lawsuit
While it’s advisable to have an attorney by your side as you navigate your case, there are a lot of steps that you can take on your own to start building your personal injury claim. This includes doing the following:
Taking pictures of the accident scene and your injuries: Photographs can be compelling evidence in your personal injury case. Therefore, if possible, you should take pictures of the accident scene, being as detailed as possible. Be sure to capture collision points, tire skid marks, interior damage to your car, and any nearby intersections, traffic signals or traffic signs. You should also take detailed photographs of your injuries, regardless of how gruesome they may look. If you’re unable to take these pictures on your own, ask a friend or family member to help.
Listening to your doctor: You might’ve sought out medical treatment immediately after your accident, but you also need to secure recommended follow up care. If you don’t, you won’t only stunt your recovery, but you’ll also cut the record of your damages short as you’ll be unable to present convincing evidence of the additional medical treatment you need.
Keeping a journal: Your non-economic damages, such as mental anguish, pain and suffering, lost enjoyment of life, and disfigurement can play a significant role in your case. These damages can be hard to prove, though, which is why you should consider keeping a journal, starting after your accident occurs. By writing in a journal, you can capture how you feel throughout your recovery as well as the limitations your injuries have placed on your ability to live your normal life and engage in the activities that you once loved. This can be compelling evidence for a jury to consider.
Gathering witness statements: You’ll need witness testimony to support your case. You should try to get written statements from witnesses that you can hold them to, but even if you can’t, you need to secure their contact information so that you can subpoena them to testify on your behalf later. If you don’t, then you might not have the evidence you need to proceed on your claim.
Do you need help building your personal injury case?
You need accountability and compensation if you want to fully recover from your accident injuries. An aggressive personal injury lawsuit may be the only way for you to get that outcome. If you don’t know what to do to build your case, then please be sure to read our blog, our website, and other resources to figure out the best path forward for you and your legal claim.
]]>On Behalf of Hansen & Miller Law Firmhttps://www.hansenmiller.com/?p=482602024-02-17T22:20:00Z2024-02-20T22:19:36ZUnderstanding Capnocytophaga infections
Capnocytophaga bacteria exist in the mouths of most dogs, although not all dogs will carry these bacteria. When a dog bites, these bacteria can enter the bite wound, leading to infection. Capnocytophaga infections can cause a range of symptoms, including redness, swelling and pain. In severe cases, these infections can lead to sepsis, meningitis or other life-threatening complications.
Recognizing symptoms
Symptoms of a Capnocytophaga infection may not appear immediately after a dog bite. In some cases, symptoms may take several days or even weeks to manifest. Monitor the wound closely and seek medical attention if any signs of infection develop. These signs may include increasing pain, redness spreading from the wound, pus or drainage, fever, chills or nausea.
Seeking prompt treatment
Prompt treatment is necessary for managing Capnocytophaga infections. After a dog bite, be sure to clean the wound with soap and water and seek medical attention, even if the wound seems minor. Doctors may prescribe antibiotics to prevent infection or treat an existing one. In severe cases, hospitalization and intravenous antibiotics may be necessary.
The Centers for Disease Control and Prevention note that about three in 10 people who develop a severe infection die from it. Understanding the symptoms, seeking prompt treatment and taking preventive measures can help mitigate the risks of these infections.]]>On Behalf of Hansen & Miller Law Firmhttps://www.hansenmiller.com/?p=482592024-02-03T21:51:47Z2024-02-07T21:51:40ZIncreased penalties
A subsequent DUI conviction in California results in escalated penalties. These may include higher fines or mandatory participation in alcohol education programs.
Jail time
Repeat DUI offenders often face an increased likelihood of serving time behind bars. While first-time offenders might avoid incarceration with certain conditions, subsequent convictions are more likely to lead to mandatory jail sentences. The duration of imprisonment varies based on factors like the number of prior DUI convictions within a specific time frame.
Ignition Interlock Device requirement
Another consequence of a repeat DUI is the mandatory installation of an Ignition Interlock Device in the offender's vehicle. This device requires the driver to pass a breath test before starting the car.
Probation conditions
Repeat DUI offenders are often placed on probation, which comes with strict conditions. These may include regular alcohol testing, attending alcohol education programs and refraining from any criminal activity. Failure to comply with probation requirements can lead to more severe consequences.
Harsher driving suspensions
The California Department of Motor Vehicles outlines the periods of time for which an individual may lose driving privileges based on their number of DUI offenses. A first offense calls for a one-year suspension, while a second offense results in a two-year suspension. Any subsequent DUI offenses will lead to a three-year license suspension.
The consequences of a repeat DUI in California are far-reaching, so it is important to spare no effort in defending yourself against DUI charges. Receiving a subsequent conviction comes with penalties that can affect you for the rest of your life.]]>On Behalf of Hansen & Miller Law Firmhttps://www.hansenmiller.com/?p=482582024-01-25T19:24:37Z2024-01-25T19:24:37ZLack of protection and speed
According to the National Highway Traffic Safety Administration, the chance of a motorcyclist dying in a traffic accident in 2021 was roughly 24 times higher in comparison to passenger vehicle occupants. One of the key factors that contribute to the higher fatality rate in motorcycle accidents is the lack of physical protection for riders. Unlike cars or trucks, motorcycles lack the structural framework, airbags and seat belts that can significantly reduce the impact of a collision. This leaves riders exposed to direct contact with other vehicles, objects or the road surface itself, increasing the likelihood of severe injuries.
Motorcycles are significantly smaller and lighter than most vehicles on the road. While this offers riders maneuverability and agility, it also makes them more vulnerable in collisions. Also, higher speeds increase the potential for more severe accidents. In the event of a collision, the combined speed of the motorcycle and the other vehicle involved can result in a catastrophic impact, leading to fatal injuries.
Reduced visibility and lack of equipment
Motorcycles are smaller and narrower than cars, making them less visible to other drivers, especially in blind spots. This increases the chances of other vehicles not noticing motorcycles, leading to accidents caused by right-of-way violations, lane changes or failure to yield. Failure to wear protective gear, such as helmets, jackets, gloves and boots, also increases the likelihood of severe injuries and fatalities.
By acknowledging these risks, riders and drivers can take proactive measures to prevent deadly accidents. All road users must remain vigilant and be aware of motorcycles to promote road safety for everyone.]]>On Behalf of Hansen & Miller Law Firmhttps://www.hansenmiller.com/?p=482572024-01-11T16:38:45Z2024-01-11T16:38:45ZFactors fueling the increase
Several factors contribute to the rise in alcohol-involved traffic deaths. The prevalence of alcohol consumption is one of them, with many people driving under the influence. The cultural acceptance of social drinking creates an environment conducive to impaired driving. Insufficient deterrence measures worsen the problem.
Challenges in enforcement
Enforcing strict measures to combat impaired driving is necessary. However, challenges persist. Law enforcement departments often lack resources. The unpredictability of human behavior makes it hard to implement effective preventative measures. So, too, does the complex nature of impaired driving. Strengthening law enforcement efforts may help reverse the trajectory of alcohol-involved traffic deaths. Raising public awareness may also help.
Community engagement and education
As California grapples with the surge in alcohol-related traffic deaths, community engagement and education emerge as powerful tools for change. Educational campaigns emphasizing the dangers of impaired driving can contribute to safer roadways. So, too, can community initiatives that promote safe transportation alternatives.
The California Office of Traffic Safety reports that the number of alcohol-involved traffic deaths in the state rose 16% between 2020 and 2021. A united effort is necessary to help reverse this trend. Increased efforts are also necessary to prioritize the safety of all road users.]]>On Behalf of Hansen & Miller Law Firmhttps://www.hansenmiller.com/?p=482542024-01-08T05:39:16Z2024-01-08T09:39:54ZIs a plea bargain right for you?
A plea bargain may or may not be in your best interests. Before deciding whether to accept one of these deals, you need to conduct a holistic analysis of your case so that you can make the decision that’s best for you. This includes looking at the following:
The evidence against you: Ultimately, you should only accept a plea deal if the risk of going to trial weighs heavier than the potential rewards. Part of that analysis, then, involves looking at the evidence that the prosecution intends to present against you. If it’s overwhelming, then there’s going to be a lot at risk when going to trail. If not, then you might have a good chance of beating the prosecution by taking your case in front of a jury.
Police errors: The police are far from perfect. They oftentimes make mistakes that infringe on your rights, thereby putting you at risk of conviction based on illegally obtained evidence. If these errors are present in your case, then you might be able to suppress some of the prosecution’s most damaging evidence. This could give you a lot of leverage at the bargaining table, and it could even lead to dismissed charges. So, don’t agree to a plea deal before figuring out if the police made a mistake in your case.
The penalties in play: A plea agreement is meaningless unless you have something to compare it to. Don’t just take prosecutor’s word that the offer is a good one. Instead, research what you could be facing if you’re convicted at trial so that you know how the penalties in the plea agreement stack up.
The collateral consequences: A conviction doesn’t just threaten your freedom, it can also derail your career and make it difficult for you to obtain subsequent employment and housing. It could even negatively impact your ability to spend time with your children. Think through whether you’re willing to agree to those collateral consequences through a plea bargain before signing off on one.
Your history: If you have a criminal record, then a conviction at trial could lead to tougher penalties compared to those imposed by a plea agreement. Take that into consideration when analyzing your circumstances and making your decision.
Figure out the best path forward in your criminal case
There are a lot of different ways to approach your criminal case. You have to choose the one that’s right for you can puts you in a strong position to protect your rights and your future. If you want to learn more about your criminal defense options, then please continue to read our website.
]]>On Behalf of Hansen & Miller Law Firmhttps://www.hansenmiller.com/?p=482562024-01-02T12:51:09Z2024-01-02T12:51:09Zthe penalties can be harsh.
That should be more than enough to motivate you to aggressively defend yourself in your DUI case, but you might feel like the evidence against you is too much to overcome. Yet, even in these instances, you might have strong criminal defense options available to you that can help you beat the prosecution.
Using police mistakes to your advantage
In many DUI cases, the police make mistakes that jeopardize the integrity of their investigation. If those errors go unchecked, then they could result in you being wrongfully convicted. Therefore, you need to scrutinize the facts of your case to see if any mistakes were made that you can use to your advantage. If there are some, then you might be able to block otherwise damaging evidence from being used against you.
Common mistakes the police make in DUI investigations
A lot of people think that the police handle so many drunk driving investigations that they can navigate them in an error-free way. But that simply isn’t the case. Here are some common mistakes that are made in DUI investigations:
Conducting an illegal stop: To legally initiate a traffic stop, the police have to have reasonable suspicion that you committed a crime or a traffic infraction. If you’re pulled over on a hunch, then you’ve been illegally stopped. And if you’ve been illegally stopped, then any subsequently gathered evidence, including breath test results and observations of intoxication, can be blocked from being used against you.
Conducting an illegal checkpoint: While DUI checkpoints can be legal, they must adhere to strict requirements to be deemed valid and justified. For example, if the criteria utilized for stopping drivers isn’t neutral, then you might be able to argue that the checkpoint was illegal and therefore the evidence from it shouldn’t be used against you.
Improper administration of breath tests: Breath test results are often used to bring drunk driving charges and secure convictions. But the police often make mistakes when administering these tests. For example, if they force you to take the test shortly after you’ve been burping, then residual alcohol in your mouth might give a higher test result than what’s accurate. Scrutinize the facts leading up to your breath test, and consider whether the testing device itself was properly stored and calibrated before being used on you.
Misreading field sobriety test results: Field sobriety tests are another tool the police use to try to determine whether intoxication exists. But all too often police officers misinterpret the results of these tests, or they give poor instructions that skew the results. These errors could result in you being arrested and charged.
Force the prosecution to prove its case in a fair fashion
Too many people who have been accused of drunk driving give up, admitting guilt before fully assessing the facts of their case. We encourage you to refrain from doing that, as the defense options available to you could make it very difficult for the prosecution to prove its case.
If you’re ready to develop the strong DUI defense strategy that you need to protect your interests and your future, then now is the time to get to work building your case. By diligently preparing your defense, you’ll find yourself feeling more in control of your case and its outcome, which can give you peace of mind and direction. Remember, you will get through this, but an aggressive criminal defense can help protect you along the way.
]]>On Behalf of Hansen & Miller Law Firmhttps://www.hansenmiller.com/?p=482552023-12-30T04:00:51Z2023-12-30T04:00:51ZMultiple DUI offenses
A common scenario that can elevate a DUI to a felony in California is the presence of multiple DUI offenses. When a person has three or more prior DUIs within a ten-year period, a subsequent DUI arrest may become a felony. The state recognizes the increased danger posed by repeat offenders and imposes more severe consequences to deter repeated instances of drunk driving.
Injury or death resulting from DUI
Another circumstance that escalates a DUI to a felony in California is when the intoxicated driver causes injury or death to another. If a DUI-related accident results in bodily harm or fatalities, the DUI offense becomes a felony. This recognition of the consequences of impaired driving leading to harm or loss of life emphasizes the gravity of the offense. It also warrants harsher legal consequences.
Prior felony DUI convictions
Having a prior felony DUI conviction also elevates the consequences of subsequent DUI arrests. Those with a history of felony DUI convictions face more severe penalties. Some of these penalties might include longer periods of imprisonment and stricter fines. The presence of prior felony DUI convictions indicates a pattern of dangerous behavior. As a result, it triggers heightened consequences to deter further offenses.
The California Department of Motor Vehicles reports that there were 4,920 felony DUI arrests in the state in 2019. Recognizing the circumstances that lead to felony DUI charges underscores the importance of responsible and sober driving practices. It also helps drivers avoid the serious legal implications associated with drunk driving in California.]]>