An Easy Guide to Wrongful Death Claims An Easy Guide to Wrongful Death Claims


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An Easy Guide to Wrongful Death Claims

When my friend lost her husband after an accident at work, we naturally assumed that his employer would do right by the family. We were surprised to find out that the company had no intentions of doing anything over than sending flowers to the funeral. A group of us immediately went to work helping our friend get what was rightfully hers. Wrongful death laws are complex and we soon found ourselves in over our heads. Once we started working with an attorney, we began to understand what we were reading. I started this blog because I want others in the same situation as my friend to have the resources needed to get the settlement they deserve.

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Have You Been Falsely Charged With A DUI? What You Need To Know

Every year more than one-million people are arrested with a charge of driving under the influence. While this is a serious crime that should not go unpunished, the unfortunate reality is that not everyone arrested for this crime is guilty. Given the long reach and power of the justice system, it's easy to feel helpless when accused of a crime you didn't actually commit. If you have been falsely charged, you do have options.

Inaccurate Testing

Whether it's a field sobriety test or breathalyzer test, an officer will generally validate their suspicion by administering one of these tests. Unfortunately, these tests aren't always conclusive. This is especially the case with breathalyzer machines. If you happened to use mouthwash shortly before the test was administered, the machine was incorrectly calibrated or serviced, or you were taking certain medications, you may have received a false positive. How to fight an inaccurate test is dependent on the cause of the error.

Take a case of medication prompting a false positive, for example. In this instance, you would need to provide information from your physician notating the type of medication you are taking, as well as how long you have been prescribed it to prove that it was in your system. In the case of an error with the machine, you have a legal right to request that the equipment be inspected to check for any malfunctions.

Lack Of Probable Cause

Legally, officers can't simply pull drivers over for the heck of it. There must be probable cause, which is basically a reasonable suspicion. To put this into perspective, consider two drivers who have just driven off from a local bar. The first driver is swerving in and out of the lane, braking excessively and driving well below the speed limit. The second driver is driving normally and well within the limits of the law.

With the first driver, based on their actions, an officer would have probable cause that they may be driving under the influence. However, with the second driver, this isn't exactly the case. In this instance, just because someone has recently left a bar doesn't mean they have been drinking. If an officer pulls you over for suspicion of DUI and arrests you without probable cause, this may be considered a false arrest.

Your innocence doesn't at all reduce your need for a qualified DUI attorney. In fact, it increases this need. Understand that you will need the assistance of an attorney to successfully defend your claim of innocence.