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Jul 13, 2021

What Is the Minimum Payout for Whiplash?

Whiplash is a type of sprain that occurs in the neck’s soft tissues when the body, head, and neck move rapidly back and forth. Victims can suffer whiplash in a variety of situations, including assaults and falls, but it is also one of the most frequent types of car accident injury. Drivers and passengers in the front vehicle during a rear-end collision have the greatest risk of whiplash. https://www.youtube.com/watch?v=2RvPRCTcBQE What is the average settlement payout for whiplash? While there is no “average” settlement payout for whiplash, your settlement will generally be determined by your medical expenses and the amount of time it took you to heal up. Other factors include the severity of the accident, your lost wages, and the long-term effects of your injuries.  You may also be able to recover past, present, and future pain and suffering damages for serious whiplash injuries. Is it worth suing for whiplash? If the insurance company is not willing to fairly compensate you, then it is usually worth suing for whiplash when you have been injured in a car crash or other accident that was someone else’s fault. While each whiplash case has a different set of underlying facts and circumstances that impact the amount of money you can receive, you can typically recover compensation for the following: Medical bills related to the treatment of whiplash and any health complications caused by whiplashLost wages caused by the whiplash and its long-term effectsPain and suffering caused by the whiplashDiminished quality of life caused…

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Jul 13, 2021

Should You Get a Lawyer After a Refinery Accident?

If you have been injured in a refinery accident, it’s essential to engage an experienced personal injury lawyer to represent you. An attorney with experience representing refinery accident victims will know how to investigate the scene of the accident and uncover the necessary evidence to prove that the oil company was negligent. The oil company will be doing everything in their power (and ample financial means) to limit their liability, so it’s vital that you have a skilled refinery accident lawyer on your side. https://www.youtube.com/watch?v=0YZefHeT8dY Are accident lawyers worth it? In refinery accident cases, hiring an accident lawyer is well worth the cost.  Refinery accidents can cause severe injuries with extensive medical bills and other damages. Hiring a refinery accident lawyer to handle your case can maximize the value of your claim by taking on the oil companies for you. Statistically, people who hire accident lawyers receive higher settlements. Even after paying attorney fees, accident victims still walk away with much more money than they would have received without a lawyer.   Personal injury attorneys deal with accidents every day. As a result of this experience, refinery accident lawyers have developed: Extensive knowledge of the relevant laws and oil company tacticsStrategies for handling oil companiesFamiliarity with the personal injury case processUnparalleled negotiation skills In addition to the unique skillset offered by an accident lawyer, there are various other benefits to having legal representation. Attorneys often use investigators to obtain evidence that strengthens your case. An experienced refinery accident lawyer will know…

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Jun 11, 2021

Does Pandemic Fatigue Lead to Reckless Driving?

It is disturbing to see that there was a 7% increase in car accident fatalities in 2020. How could the statistics go up if most of the country was in quarantine for at least half of the year? We all heard about going stir crazy, but did any of us thought that being stir crazy could lead to almost 3,000 more deaths on United States roadways? Per the National Highway Traffic Safety Administration: Even though Americans drove less in 2020 due to the pandemic, early estimates of crash fatalities from the U.S. Department of Transportation’s National Highway Traffic Safety Administration released Thursday reveal the largest projected number of deaths since 2007.According to NHSTA, an estimated 38,680 people died in motor vehicle traffic crashes last year, representing an increase of about 7.2 percent as compared to the 36,096 fatalities reported in 2019.Preliminary data from the Federal Highway Administration (FHWA) shows vehicle miles traveled (VMT) in 2020 fell by about 430.2 billion miles—a 13.2 percent decrease.The fatality rate for 2020 was 1.37 fatalities per 100 million VMT, up from 1.11 fatalities per 100 million VMT in 2019.NHTSA’s analysis shows that the main behaviors that drove this increase include: impaired driving, speeding and failure to wear a seat belt.While passenger vehicle occupants had the largest number of fatalities, accounting for 23,395 of the 38,680 (up 5 percent), motorcyclists saw the biggest increase in crash deaths, rising 9 percent to 5,015.Carrier Management Pandemic fatigue is real. All of those days and nights Americans sat…

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Apr 26, 2021

What Happens If You Get Caught Shoplifting From Walmart?

If you are caught shoplifting from Walmart in Texas, you may face criminal theft charges. https://www.youtube.com/watch?v=5VRl2SvbvQQ What does shoplifting mean? The term “shoplifting” means stealing merchandise from an open retail store. Under Texas law, shoplifting is a type of theft, as defined by Texas Penal Code § 31.03. To simplify its criminal laws, Texas prosecutes most theft-based offenses —including shoplifting, embezzlement, extortion, and receiving stolen property— as theft.  The theft statute reads: “A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.” In other words, if you take property that is not yours without permission and don’t intend to give it back, you have committed theft. When you commit theft from a retail store during regular business hours, this is considered shoplifting.  Does Walmart call the cops for shoplifting? Although anti-theft practices and policies can vary between stores, Walmart will often call the cops for shoplifting offenses. If you are caught shoplifting from a Walmart, a loss prevention officer may reasonably detain you at the store until the police arrive.  Walmart has loss prevention officers at every store that watch for shoplifters.  They are on the floor and in the back watching everyone on camera.  A common shoplifting case the loss prevention officers look for is when a person scans some items, but leaves others in the basket and tries to exit the store without paying for those items.  Or a person simply walks by the cash registers without stopping to scan…

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Apr 26, 2021

The Guide to Unreasonable Search and Seizure

The Fourth Amendment to the U.S. Constitution protects against unreasonable government searches and seizures. If the police violate your Fourth Amendment rights while investigating or arresting you, you may be able to have illegally-obtained evidence excluded from court. https://www.youtube.com/watch?v=FMyIRwZPmiw What is the definition of search and seizure? A search is defined as any time an agent of the government interferes with an individual's reasonable expectation of privacy, generally by searching their property, body, or home. A seizure can refer to either the seizure of a person or a seizure of property.  A seizure of a person is defined as when a police officer’s conduct would communicate to a reasonable person that they are not free to leave. For a person to be seized, the police officer must show authority through handcuffs, physical contact, a firearm, or verbal command, and the person must submit to that authority.  A seizure of property is defined as when a government actor meaningfully interferes with a person’s possessory interest in their property. What is unreasonable search and seizure? Reasonableness is considered to be the primary test of whether a search or seizure is constitutional. If a search or seizure is conducted without a warrant, it is presumed to be unreasonable unless it falls within a few exceptions.  The most obvious exception is if the police officer feels that the suspect may have access to a weapon. When determining whether a warrantless search or seizure was justified, a court will balance the amount the search or…

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Apr 26, 2021

The Guide to Texas Penal Code §12.44a

Texas Penal Code §12.44 allows judges to punish felony convictions with misdemeanor jail time, or with the agreement of the DA, reduce your felony conviction to a misdemeanor. https://www.youtube.com/watch?v=TilMBq4eN9Q What is Penal Code 12.44a? Texas Penal Code §12.44a allows a judge to punish a defendant who is convicted of a state jail felony with the permissible punishments for a Class A misdemeanor.  Texas Penal Code §12.44a reads: “A court may punish a defendant who is convicted of a state jail felony by imposing the confinement permissible as punishment for a Class A misdemeanor if, after considering the gravity and circumstances of the felony committed and the history, character, and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice.” Suppose the judge determines that, based on the circumstances of the offense and the defendant’s background, a lower punishment would better serve justice. In that case, Penal Code 12.44a allows the judge to send the defendant to a county jail, where misdemeanor offenders are sentenced, instead of sending them to a state jail facility.   A state jail facility is a prison for people who are convicted of state jail felonies, which are more serious than misdemeanor offenses but less serious than felonies of the third degree.  How does 12.44a work? If a judge agrees to a 12.44a, you will serve your sentence at the county jail with misdemeanor offenders. However, even though 12.44a allows you to receive misdemeanor punishments, the conviction will still…

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Apr 26, 2021

The Defendant’s Guide to Shoplifting

In Texas, there is no separate criminal offense called “shoplifting.” Instead, people who steal merchandise from open retail stores are prosecuted on theft charges. https://www.youtube.com/watch?v=iO7U652YH_A What is the definition of shoplifting? The term “shoplifting” generally refers to stealing goods from a retail establishment during regular business hours. Under Texas law, shoplifting is considered theft because Texas has consolidated most theft-type offenses, such as shoplifting, embezzlement, extortion, and receiving stolen property, into a single statute.  Texas Penal Code § 31.03 reads: “A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.” Essentially, this means that theft is taking someone else’s property without their permission and not intending to return it.  Texas law also criminalizes the possession, manufacturing, or distribution of shielding or deactivating instruments used for shoplifting under Texas Penal Code § 31.15. Is shoplifting a felony or misdemeanor? Shoplifting can be charged as either a felony or a misdemeanor offense depending on the value and nature of the property stolen and your criminal record. Class C Misdemeanor Shoplifting is a Class C misdemeanor if the value of the property stolen is less than $100; Class B Misdemeanor Shoplifting is a Class B misdemeanor if either of the following applies: The value of the property stolen is $100 or more, but less than $750.The value of the property stolen is less than $100 and you have a previous theft conviction. Class A Misdemeanor Shoplifting is a Class A misdemeanor if the value of the property…

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Apr 26, 2021

The Defendant’s Guide to Probable Cause

Probable cause is a legal standard of evidence that police officers must have in order to arrest someone or obtain a warrant. If the police do not follow the probable cause requirement, you may be able to have evidence against you excluded from a court proceeding.  https://www.youtube.com/watch?v=DPqiwrLDDgw What is the definition of probable cause? The term “Probable Cause” refers to the level of certainty that police need to have in order to legally arrest someone for a crime. It is defined as enough evidence for a reasonable person to believe that the person had committed a crime, was currently committing a crime, or was about to commit a crime. To legally arrest someone, a police officer needs to have a good faith belief that the person they arrest has committed a crime. And they have to have sufficient evidence to support that belief. What is a probable cause hearing? The term “Probable Cause Hearing” can refer to two different types of hearings. Under Texas law, if a police officer arrests someone without a warrant, a probable cause hearing must be held within 48 hours of the arrest. During this hearing the judge will decide whether probable cause exists to support the arrest.  The other kind of a probable cause hearing happens after the prosecution has filed charges.  Depending on the court, your attorney may have to request this hearing.  A judge will hear an explanation of the allegations and may hear testimony to determine if probable cause exists for the…

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Apr 25, 2021

How to Get a Petty Theft Misdemeanor Expungement

Petty theft, which refers to the theft of property worth less than $100, is a Class C misdemeanor in Texas. In some situations, you may be able to have petty theft arrests and charges expunged from your record. https://www.youtube.com/watch?v=Fwm3230KwMI What qualifies as petty theft? The term “Petty Theft” can be used to describe any low-value theft of property. Under Texas Penal Code § 31.03, the crime of theft is defined as follows: “(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation of property is unlawful if: (1) it is without the owner's effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another;   The most common type of theft is taking property without the owner’s permission and not intending to give it back. However, Texas’s theft statute also covers receiving stolen property.   The lowest theft charge in Texas, sometimes called petty theft, is a Class C misdemeanor. If you don’t have any prior convictions and the stolen property’s value is under $100, you can only be charged with a Class C misdemeanor. A Class C misdemeanor conviction for petty theft won’t land you in jail; the maximum penalty is a $500 fine.  Can petty theft be dismissed? Some petty theft charges can be dismissed through the court’s pretrial diversion or deferred adjudication programs.   Pretrial Diversion To participate in pretrial diversion, the District Attorney’s office has to give you permission to be admitted into…

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Apr 25, 2021

How to Act When Stopped By Police

Being stopped by police officers can be a stressful and nerve-wracking experience. Knowing your legal rights will help you protect yourself from police misconduct and abuses of power such as illegal searches and seizures.   https://www.youtube.com/watch?v=LLw20mxJe_U What are my legal rights if I am stopped by the police? If you are stopped by the police, you have the following legal rights: The Right to Remain Silent You have the constitutional right to remain silent. This right almost always allows you to refuse to answer questions that the police ask you, including your name, where you live, where you are coming from or going to, or what you are doing. You can exercise your right to remain silent even if the police detain you, arrest you, or put you in jail.  Do not answer the police officer’s questions that you do not feel comfortable answering!  You have the 5th Amendment right under the US Constitution to not incriminate yourself.  Police officers are trained to ask you questions that may trip you up.  And most people that are stopped by the police, whether guilty or innocent, are very nervous.  Being nervous can cause you to answer something the wrong way or say something that just isn’t true.  Be careful.  Be polite, be courteous.  But, don’t answer questions that you do not feel totally secure answering.  You can simply not answer, remain silent, and ask to speak to an attorney. However, many states consider it a crime to intentionally refuse to give the officer…

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