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Not all workers’ compensation cases end in a settlement. However, based on data from Illinois, about 90% of the cases do settle. Fewer than 5 percent of workers’ comp cases go to trial. A similar percentage gets dismissed or denied without an appeal. A few workers’ comp claims go uncontested by the employer. Claims that …
There is no such thing as a “typical” slip and fall settlement because the circumstances surrounding every injury are different. However, many non-fatal slip and falls tend to settle for between $10,000 and $50,000. Fatal accidents frequently settle for over $200,000. The extent of your injuries and your share of fault will drive the settlement …
You were arrested for a crime and heard that it is punishable by custody in county jail. Is jail the same as prison? If not, what’s the difference? State prisons are operated by state governments and usually house inmates for over a year (and sometimes as long as “life”). Jails, by contrast, are typically operated …
A misdemeanor probation violation warrant is a bench warrant for the arrest of someone who was on misdemeanor probation but violated one of the terms and conditions. The warrant is often issued after a probationer fails to appear at an appointment with his or her probation officer. The warrant will generally lead to an arrest …
In California, 10 typical rules (formally called “terms and conditions“) of felony probation are that you pay victim restitution, perform community service, submit to random drug testing, complete drug or alcohol treatment, attend regular meetings with a probation officer, complete counseling, pay court costs, consent to police searches, avoid contact with certain people, and obey all laws and …
Strict liability holds people liable for their conduct no matter what their intent or mental state was. If you can show that you were hurt by the defendant’s conduct and that strict liability applies to the case, you have proven the elements of strict liability. It applies in several areas of personal injury law, as …
Most workplace harassment lawsuits are based upon allegations of quid pro quo harassment or a hostile work environment. The 7 most common grounds for workplace harassment lawsuits are: disability discrimination, racial harassment, sexual harassment, age discrimination, harassment based on national origin, color harassment, and religious discrimination. Some of these can also support a discrimination lawsuit. …
Colorado has three statutes that make driving under the influence of alcohol or drugs a felony crime. These three felony DUI offenses are: CRS 42-4-1301 – Fourth-time DUI CRS 18-3-205 – DUI causing serious injury CRS 18-3-106 – DUI causing death First-, second-, and third DUI convictions are prosecuted as traffic misdemeanors as long as there …
Law enforcement recently picked you up for stealing some items from a neighbor’s home. One of the arresting officers made a comment that you could face larceny and burglary charges. Is this true? Is there a difference between the two crimes? There is. Most jurisdictions say that the crime of larceny (which is a type …
Some car accidents are caused by pedal error. A pedal error is when the driver steps on the accelerator when he or she actually meant to hit the brake pedal. While these accidents are generally low-speed crashes, they can seriously hurt pedestrians or bicyclists. They can also involve storefronts. Drivers who cause them may have …
Pretrial Diversion Programs: How do They Work?Watch this video on YouTube A pretrial diversion program is an alternative resolution of a criminal case by which the defendant can avoid jail and a criminal conviction. The program diverts defendants out of the criminal justice system and into a form of supervised release or probation. Defendants who …
No. Bicyclists do not have to wear a helmet when riding a bicycle or e-bike in Nevada. Though the Nevada Department of Transportation (NDOT) strongly recommends that cyclists wear bike helmets to minimize head injuries in the event of a bicycle accident.1 Do I have to wear a bike helmet at night? No. There is …
People may obtain a copy of their three-year or 10-year Nevada driving record from the Nevada Department of Motor Vehicles for a $7 fee. Automobile insurance companies usually look back three-to-five years when determining insurance rates. What do Nevada driving records show? Your Nevada driving history shows your past Nevada traffic ticket citations for moving …
You were just cited for speeding on a rural California road by a CHP officer. Can this be right? Isn’t the CHP just responsible for overseeing California’s major highways? The California Highway Patrol can generally exercise its law enforcement authority anywhere in the State of California. The CHP has primary patrol jurisdiction over the following: …
Nevada criminal law has four degrees of arson (NRS 205.010 – 205.025), which is intentionally and illegally setting fire to property. The most serious charge is first-degree. Fourth-degree is the least serious. Each degree carries prison time, possible fines, and restitution to the victim. Common defenses include that the incident was an accident, that the …
You were fined for smoking marijuana in your car while it was parked outside a bar. Isn’t marijuana legal in California? Do I really have to pay the fine? Yes. Proposition 64 legalized recreational marijuana. This means it is legal for people 21 and older in California to possess and use small amounts of marijuana. …
The term “corporal injury to spouse” refers to a criminal charge for willfully inflicting a physical injury upon one’s husband or wife. Domestic violence charges in general do not necessarily require there to be a physical injury. The corporal injury makes the offense more severe. The penalties for a conviction are higher, and there are potential …
Burglary is usually a crime involving moral turpitude, but not always. Crimes of moral turpitude generally involve either dishonesty or base, vile, or depraved conduct that would shock a reasonable person. Convictions can lead to immigration consequences or professional discipline. They can also be used to impeach you if you are a witness in a …
You took a bat to an ex-girlfriend’s mailbox out of anger. Now you are under investigation for the crime of vandalism. Is this a serious crime? Can vandalism lead to a felony charge? It can. Most states say that vandalism can be charged as a felony if: the crime results in property damage that is …
9 common examples of wrongful termination are when an employee gets fired for: a discriminatory reason, blowing the whistle on misconduct, filing a workers’ compensation claim, enduring a hostile work environment, demanding unpaid wages, cooperating in someone else’s workplace harassment claim, speaking out against workplace discrimination, invoking your protected leave rights, and exercising or expressing …
Sexual harassment is defined as unwelcome sexual conduct in the workplace that creates a hostile work environment or amounts to a quid pro quo. Sexual harassment is illegal and victims have legal recourse, which includes bringing a lawsuit for damages. If you are experiencing sexual harassment in the workplace, we advise you to consider the …
If you are accused of violating probation in a Colorado DUI or DWAI case, you are entitled to a revocation hearing where the prosecution has the burden to prove that you did in fact violate your probation. If you win the hearing, you stay on probation. If you lose the hearing, the judge may either keep you …
You are facing a criminal case for DUI. It seems simple enough and you are thinking about handling it yourself without the help of a DUI lawyer? Can you? You can usually represent yourself in a DUI case. You are considered a “pro se” defendant when you are not represented by a DUI defense attorney. …
You were recently cited for reckless driving by the California Highway Patrol (CHP). You now want to contest the ticket. The CHP officer that cited you said he caught you on the patrol car’s Mobile Video Audio Recording System (MVARS). Can you get a copy of the MVARS video? Most likely, yes. MVARS footage is …
Being factually innocent of a crime simply means that you did not commit the crime. The term is used in several contexts. Generally, it means that there are facts that show that you did not commit, or could not have committed, the crime you were accused of committing. Some states, such as California, allow defendants …