Tag Archives: law
If you develop CRPS or complex regional pain syndrome due to a medical professional’s negligence, you might be qualified to file for a CRPS case. In plenty of lawsuits, the precise cause of the condition is unknown, which makes it practically impossible to determine if negligence was the cause. Likewise, the condition’s intricacies might complicate the entire litigation process.
Proof in CRPS Lawsuits
For you to have a solid CRPS case, you must prove the following beyond a doubt:
- That your injuries were caused directly by the negligent actions of the defendant
- The defendant’s expertise and experience, commonly that they’re a doctor or medical professional
- Where and how the accident or incident occurred, if possible
- Sole or comparative liability in lawsuits if one or more individuals caused your injuries
Among the most complicated elements of a CRPS case is proving that a claimant’s injuries were really due to medical malpractice or negligence, instead of inevitable complications. To do this, you should prove that the accident or incident that caused your CRPS wouldn’t have happened if performed by other medical professionals with similar qualifications and experience.
Once you have proven that the alleged defendant caused your CRPS, you would then have to prove that you have complex regional pain syndrome. A top lawyer in Los Angeles suggests that you should prepare all relevant medical records so that you could easily substantiate your claim that you’ve developed CRPS. You should also consider consulting a pain management specialist to back up your claim.
The Bottom Line
The indisputable medical evidence is extremely vital in CRPS lawsuits so that you could prove to the court that your claim is genuine. That being said, you should get legal help from an attorney who understands and believes in your case, and one who’s experienced in conveying the magnitude of your losses.
About half of all people that get married in the U.S. get a divorce. Despite what you may see on television with all the drama and courtroom antics, many divorces in Long Island are uncontested. Both spouses agree that divorce is a good idea, and they are willing to work it out in the most civilized way possible.
The legal term for this is a “no-fault” divorce. You might think in such a situation that a divorce attorney is not necessary. You would be wrong.
A divorce attorney can give you good advice about the best way to get a divorce in New York. There are many rules and regulations, including grounds for divorce and residency requirements. You should at least consult an attorney before filing for an uncontested divorce. This will ensure you will not encounter problems along the way.
You need to do a lot of paperwork to file for a divorce, even an uncontested one. A divorce attorney would take care of all this for you, and make sure that all the Ts are crossed and the Is dotted. The forms are available at the county clerk office, so you can do this yourself. However, it would take time and effort, and you might end up with some legal problems because of missing forms or you filled them wrong.
You still need to agree to the terms of the divorce. You might think that it is a simple matter, but if you have property or children, it can get a little complicated. According to the Law Offices of Ian S. Mednick, a divorce attorney can draft your agreement in accordance with New York law, and present it to the judge. Your attorney will also get you a court date, and send you a copy of the approved divorce decree.
If you were thinking of getting an uncontested divorce in Long Island, ask for some legal advice. The law is a complex matter, and it will not do to play fast and loose with it.
Aggravated kidnapping and kidnapping are two different charges according to the Texas penal code. They have varying sentences and penalties.
However, they involve two main factors — abducting and unlawfully restraining a victim. While both are felonies, an aggravated kidnapping charge carries more severe punishment.
What Exactly is Aggravated Kidnapping?
According to Texas kidnapping statutes, aggravated kidnapping is when the defendant abducts an individual with other goals in mind considered significantly more harmful or hazardous to the kidnapped individual or other individuals.
It is a first degree felony. More specifically, a simple kidnapping charge can turn into aggravated kidnapping charge if one or more of the following is involved:
- Holding the kidnapped individual for ransom
- Holding the kidnapped individual as hostage or shield
- Trying to force the kidnapped individual to escape from or commit a felony
- Inflicting sexual abuse or bodily harm to the kidnapped individual
- Terrorizing the kidnapped individual or other people
- Attempting to interfere with political or government function
- Using a deadly weapon with the kidnapping
According to David A. Nachtigall, a reputable criminal lawyer in Houston, it’s possible to reduce a first degree felony charge to a lesser, second degree felony charge if the defendant can prove that the kidnapped individual was released voluntarily in a secure location.
Punishment for Aggravated Kidnapping in Texas
Since kidnapping is considered a third degree felony, the punishment is a maximum fine of $10,000 and two to 10 years of imprisonment. With aggravated kidnapping — a first degree felony or second degree felony — a defendant may be punished with a maximum fine of $10,000 and imprisonment of at least five years to life.
As you can see, punishment can vary greatly based on the specific circumstances of each kidnapping case. Other elements, such as the victim being a child, unlawful restraint, and transporting the victim, could potentially result in more severe charges that could lead to extra penalties and the possibility of being registered as a sexual or violent offender.
The difference between the medical and the legal fields have always been clear and distinct. These two worlds collide eventually, however, as many medical disputes need to be settled in court, especially medical malpractices.
With these changes, a new breed of professionals —one who can cater to the challenging nature of both disciplines — have come to the fore: legal nurse consultants.
In many murder cases, you can imagine a battery of medical professionals to pore over the details hoping to shed some truth to the crime. Doctors and physicians are certainly no strangers to the four corners of the courthouse.
From the processing of physical evidence (e.g., hair samples, biological fluids) to the examination of dead bodies, there certainly is a huge need for medical practitioners to cater to such growing demand.
Over time, however, the legal field has not only been crowded by doctors, but also by registered nurses willing to lend their medical knowledge to the industry.
According to The Center For Legal Studies, a new breed of nurses, one dubbed as legal nurse consultants (LNC), has risen to the challenge, combining the medical and the legal world in the process.
Becoming a Bona Fide Practitioner
Those who are interested in both the medical and legal practices will certainly enjoy becoming an LNC.
While there is no need to get a law degree, you have to be a registered nurse to become an LNC. In this regard, legal nurse consulting programs are available online and in many colleges to facilitate formal education. These courses greatly enhance the capacity of a nurse to analyze medical facts vital to any litigation.
More often than not, having vast experience in the nursing industry is a valued asset that would come in handy for many law firms or government agencies wishing to hire the services of an LNC. Usually, a minimum of five years of clinical experience is a standard requirement to get started.
A person who performed well in nursing school has greater prospects as an LNC. This only shows how the two fields are greatly related.
They say copying someone is one of the sincerest forms of flattery. But do it online and you might find yourself facing a trial.
Generally, the act of impersonating another person is not likely to be considered unlawful, unless the situation calls for a legal action. For example, when you impersonate a police officer, you might find yourself spending well-deserved jail time. It is not unlawful to assume someone’s identity per se, but impersonating another without committing civil or criminal offense is impossible.
Online Impersonation: The New Identity Theft
Online impersonation occurs when you use another person’s name to create social media accounts, send an email, post content, or contact other users. Since online platforms cannot thoroughly verify information, people can easily create an account under another identity.
This new form of identity theft is a powerful tool in harassing and damaging the reputation of other people. Accounts made under other identities can be used for cases of cyberbullying and extortion.
On the Issue of Privacy and Defamation
When impersonation occurs, there will certainly be false information and statements. Copying someone online becomes unlawful when you use these accounts to defame or breach a user’s privacy. In terms of privacy, when an impersonator communicates with others for personal information, it falls under the offenses of the Texas Online Impersonation statute.
Cases of Fraud and Deceit
Dntriallaw.com includes fraud and deceit under unlawful impersonation. When you use the identity of another to obtain money, services, or goods, you can face prosecution for fraud and other similar types of offences.
In the case of deceit, a civil case occurs when a person makes a false statement, despite his knowledge of the truth. If there is an intention to deceive or if one relies on the deceit for the other party to suffer loss, it is also a case of unlawful impersonation.
Online impersonation can be a form of flattery if it is done with the concerned individual’s consent. Done otherwise, you might end up as the online doppelganger in jail.