Personal Injury Myths Uncovered

Many MThs exist in the world of personal injury, and if you are someone that has recently experienced the drama of being injured as the result of another person’s negligence, learning those myths now is important. You might have a lawsuit that could award you compensation for the damages that you have suffered, however, if you allow the myths to stand in the way of things, the results that you desire may not be the actual outcome of things.

A common myth is that you cannot afford a lawyer to help win your case. These days many lawyers work on contingency basis, meaning you won’t pay them a dime. If the case is won , the lawyer would deduct a percentage off of those winnings. You might also find it interesting to know that lawyers will usually talk to you at no cost during what is known as a consultation. Don’t miss this!

Not only do some people think they cannot afford to hire an attorney so many think they do not need one. You might even hear from other people that you do not need a lawyer. A lawyer is someone that you need if you’ve been injured because they know the laws inside and out and will keep you protected.

Think that you will have to go  to court and stand before a judge regarding your case? This might not necessarily be true. Some of the personal law cases do not go to court. More than 50% do not in fact. So, if you’re worried about going before a judge eliminate this worry.

It will take too much time to reach a settlement or win the case, so say the myths. It is true that lawsuits can take a bit of time, but they are usually handled within a reasonable amount of time. If you have a lawyer he will handle most of the work so you can take care of yourself and other important matters in your life.  It is always within your best interest to talk to a lawyer and seek the compensation that you deserve.

These are hits omen of the many myths that surround personal injury law and personal injury cases. Make sure that you do not fall for these things and miss out on the victory that could be yours. It is your right, your worth, so do not miss out on what is yours.

Ned Khan does personal injury in Chicago. Contact for an aurora IL personal injury lawyer.

Insurance Fraud

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Insurance fraud occurs when an insure person make a false insurance claim, and as a result seeks monetary compensation for false injuries and losses.  So for example, if a person claimed to their insurance company that they broke their arm, but they didn’t actually break it, and sought monetary compensation for the falsely broken arm, that would be an example of insurance fraud.

The second method of insurance fraud though is actually inflicted upon customers, by selling unlicensed or fake insurance coverage to potential ‘clients’, or the stealing of insurance premiums paid by clients, most often by insurance agents or brokers.  So as you can see, insurance fraud can really go both ways.

So, that appears that the definition of insurance fraud is covered, right?  Well, not exactly.  The true definition of insurance fraud goes beyond that.  It can be committed by nearly any individual, and is performed with the deliberate intention of receiving reprehensible payments from an insurer.  Many people in many different professions have been prosecuted of committing insurance fraud.  These professions include insurance agents and salesmen, bankers, doctors, lawyers, etc.  Anyone of any profession who seeks monetary benefit from insurance with false claims can legally be prosecuted of committing insurance fraud.

Insurance fraud doesn’t just impact the people who were directly involved.  It will drastically increase the cost for all consumers in addition to costing insurance companies millions, and in some cases billions, of dollars each year.  This is even made worse by the fact that detecting insurance fraud is extremely difficult because of the nature by which criminals can perpetrate the fraud.  Even if someone has never committed a crime before, and even in the event that they didn’t intentionally commit insurance fraud, law enforcement officers still handle all cases of insurance fraud as a criminal case.

There are two types of insurance fraud schemes: hard fraud and soft fraud.  Hard fraud is where a person intentionally fakes an accident, theft, or loss to receive money directly from their insurance company.  Most often, hard fraud is committed by a single individual, but it can also be committed by large criminal organizations.

On the other hand, soft fraud is where people tell lies to their insurance company with the intention of maximizing a claim.  It is often soft fraud that dramatically increases the insurance cost of everyday consumers.

Indecent Exposure

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Indecent exposure, at least in most states, is the public display of purposefully exposing one’s nudity to cause alarm and offense in other people.  The main reason why people commit indecent exposure is to gain pleasure and a reaction from the other people in the populated area.

As with any criminal law, there are specific components that together define what indecent exposure in public is.  These components are specifically different by state and can vary greatly, but generally speaking, most components of defining indecent exposure by state define it as a person deliberately exposing themselves in a public place with the intent of insult or offending other people in the area, or with the intention of feel arousal.  These definitions are often vaguely defined varying by state, as some make it a crime to simply expose yourself in public, while other states make it a crime to deliberately do so with the intentions discussed above.  However, if any physical contact is made during indecent exposure, then the charge would be made accusing the suspect of sexual assault.

However, there are some things that are not considered to be indecent exposure.  For example, breastfeeding a child would not be considered indecent exposure because one is only performing a necessary function to take care of their child (assuming that they don’t expose their breasts to feel arousal, or to insult or offend someone else).  Another example of something that is generally not considered to be indecent exposure is revealing your underwear, as you are not exposing any body parts.  Urinating is also often not considered to be indecent exposure, as long as the person urinates behind cover away from direct view of the people in a public area.  Most likely, the person was trying not to offend or insult anyone, or feel arousal.

If someone is found to be guilty of indecent exposure, however then there are sentences.  Most often sentences for indecent exposure will be counted as a misdemeanor penalty and, you will be forced to pay a sign and/or spend a few months in the county jail.  If one is found guilty of committing indecent exposure more than once, then they can it can be charged as a felony and lead to them paying an even heavier fine and spending a few months in a state prison.

Fraud

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Fraud is a term that can be used to describe nearly anything dealing with lies and deceit for financial or personal gain.  Cases of fraud will almost always involve a deliberate, incorrect statement, misrepresentation, and dishonest behavior.  The primary motivation being fraud is to tricking another person into thinking that something is good or correct, when it is in fact either misleading or completely false.  This does not at all mean that every single case of criminal dishonesty will be fraud; it simply means that fraud almost always deals with dishonesty.

Since fraud is in and of itself a very general term, the laws and sentences regarding fraud change drastically from state to state.  Almost all state, however, require there to be criminal intent regarding the person responsible behind the fraud and punishments vary from fines to jail time.  Almost all fraud requires a misrepresentation or misleading of the facts, explained by a person who is fully aware that the facts are misrepresented or mislead, to a person who is unaware that the information being given to them is false, and then any loss on behalf of the person who was unaware as consequence. Injured? Get Injury Lawyers. A queens ny drugs lawyer.

There are many different types of fraud, including bankruptcy, insurance, identity, securities, wire, telemarketing, mail, credit card, internet, phone, or wire fraud, but they almost always deal with the above components.  The penalties for fraud also vary by the severity of the fraud that was committed, but most criminal fraud cases are considered to be felony crimes.  Penalties range from probation to spending time in prison to paying a small or large fine depending on the fraud that was committed.  The perpetrator may also have to pay the victim a large amount of money.

If you believe that you may be a fraud victim, then you should report the fraud to the law enforcement authorities.  It doesn’t matter who you are or what business you are a part of or run, as anyone can legally report fraud.  You must keep in mind, however, that you may not get back what was stolen or taken from you.  You also need to be aware of the laws regarding fraud specific to your state to get a grasp on what will happen next.  Another good idea may to hire an attorney who can answer your question and guide you along with the process.

First Degree Murder

First degree murder is the unlawful killing of an individual that was deliberate and/or planned.  States typically have different definitions for first, second, and third degree murders.  However, the elements that make up a first degree murder almost always include the planning to kill someone, the willfulness or determination to kill that person, and deliberately performing the murder.  Another element that does exist in some state laws is to continue to have afterthoughts of malice following the murder, but this is not true for every state and even the states that do have this law define “afterthoughts of malice” differently.  Another thing to keep in mind, too, is that a first degree murder is not the top level of murder.  Capital murder is.

First degree murders must be by individuals who plan to take another person’s life, whether they’ve been planning to kill the person for years, months, weeks, days, hours, or minutes.

A first degree murder must also constitute the willfulness and determination to kill that person.  It is often times difficult to determine this, as it is with the planning to kill someone, on a case to case basis.  In some cases, a person may choose to kill another individual just mere minutes or seconds before taking the life of the person.  This would still count as a willful and determined act to take the life of that person.

Thirdly, in a first degree murder the person must actually kill the other individual(s) deliberately.   Accidental killings do not quality as first degree murders.

As you can tell, first degree murders can be difficult to define, but the trickiest part in defining comes to the states that have the afterthought of malice element included in the definition.  This can include an indifference to human life and/or an evil disposition.  This means that a person must deliberately kill another person, while showing no indifference or lack of concern following the killing.

Examples of first degree murders would include the killing of a child or pre-adulthood person with unreasonable force, the murder of a military or police officer, homicides such as rape, arson, or other violent crimes, or a killing performed as part of domestic abuse.  While these are common examples of first degree murder, for a murder to truly be defined as first degree, it must meet the above elements as well.

False Imprisonment

A false imprisonment is the restraint or arrest of a person against their will without any legal justification.  False arrest can be performed by police and law enforcement officers, military personnel, or anyone who restricts another person’s movement and takes that person into custody without the legal justification to do so.  In this event, the suspect could be accountable for a false imprisonment, which is a crime.  In other words, a false imprisonment is the confinement of you against your will and without legal justification and/or authority.

There are certain elements for someone to make a false arrest.  The person must deliberately perform the imprisonment or restricts the ability of mobility for the other individual, do it without the consent of the other individual, and have no lawful justification for doing so.  False imprisonment may or may not require use of physical force or barriers, or under stress.

If a person claims that they were falsely imprisoned, then a court case will ensure to discover if the person’s claim or belief was accurate.  Other things that the case will take into consideration would be the circumstances of the situation, who was all involved, anything legal or illegal that occurred etc.

Therefore, false imprisonment could include a person being locked in a room or car without their consent, someone forcing another individual to remain in a place or threatening to do something, a person holding another person in a position so that they cannot leave or move, or a law enforcement officer detaining or arresting you without legal justification.  While it all depends on the circumstances of the situation, these normally constitute a false imprisonment.

On the other side of things, if you claim that you were falsely imprisoned as you were found innocent of a crime, a person grabs you in a way that you can get free, someone detaining or arresting you without probable clause, or a person asking you to not leave your house, despite their being another exit route from which you can leave the building, are not true false imprisonments.

Defenses to a false imprisonment claim can include voluntary consent with no stress or coercion, the privilege of police and law enforcement officers,  or when a citizen calling for a police or other law enforcement officer when a crime has just been committed in their presence.