Archive for October, 2011

When To Call On a Colorado Personal Injury Attorney

October 31st, 2011

Someone who is injured due to another’s negligence has the right to sue that party (be it an individual or an entity, such as a corporation or even a government agency) in civil court. Furthermore, the injured party has the legal right to act as their own counsel. However, this is not advisable ‘ particularly when the party being sued is a large business entity or part of a government.

In fact, even lawyers themselves who find themselves personally involved in litigation will hesitate to represent themselves. Instead, they will have a colleague do the job for them. Why? First of all, any kind of legal situation ‘ be it a civil issue, a criminal case, over a contract or something else ‘ is stressful at best.  At the same time, any sort of legal proceeding requires that all involved maintain a calm, objective frame of mind ‘ which is difficult to do when one has a personal stake in the situation.

If you are up against a large business entity, such as an insurance company, it is even more important that you have professional legal representation. Large corporations have raised avoiding accountability and screwing over average people an art form over the past ten years. They are prepared to spend vast sums on attorneys who can find every loophole and use every legal trick in the book to avoid paying damages to the people whose lives they frequently destroy under today’s dysfunctional system. As the old saying goes, “it takes fire to fight fire” ‘ and thus, you need your own legal professionals representing your interests.

When looking for the right Colorado personal injury attorney, look for someone who has experience and a track record of success in dealing with your particular legal issue, be it one of simple personal negligence, a motor vehicle injury, or a product liability issue.

The Personal Injury Lawyer vs. the Criminal Defense Lawyer

October 31st, 2011

The personal injury lawyer is one who specializes in civil litigation as opposed to criminal law. Criminal law and personal injury law ‘ technically known as torts ‘ are two distinct areas of law. Nonetheless, there are parallels between the two, as well as some limited overlap; additionally, a personal injury lawyer may be called on to do criminal defense work, as all lawyers, including criminal trial lawyers, have some basic training in and knowledge of torts.

For example, in most cases a personal injury that is caused by negligence does not rise to the level of criminality. However, there are some cases in which the negligence is so egregious that criminal charges may be filed. For example, someone who leaves a child unattended in a closed vehicle under a hot sun may not have intended the child to come to any harm, but any reasonable person would understand the danger; a person in this situation may be charged with criminal negligence. Another example might be that of an employer who assigns a hazardous duty to an untrained, unqualified employee, resulting in that employee being seriously injured.

Likewise, some criminal cases later become civil cases (judges usually prefer that the criminal trial be completed before civil action is taken). One of the more famous examples of this was the O.J. Simpson trial of the mid-1990s. Simpson was tried for the murder of his ex-wife and her companion; despite powerful evidence of his guilt, the prosecution was unable to convict him. Later however, the families of the two victims brought a civil lawsuit against Simpson, and he was found liable for wrongful death. (One of the reasons that Simpson could be found not guilty of murder yet liable for wrongful death is the differing standards; in a criminal case, the standard is “reasonable doubt,” whereas a civil case is based on a “preponderance of evidence” ‘ a lower standard.)

One major difference is that while any competent adult can file a civil lawsuit with the court, only the state can file criminal charges. A citizen can file a criminal complaint, but the actual charges must be brought by the county or state prosecutor’s office.

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