Posted in Criminal Offenses

Are all personal injuries in a traffic accident claimed the same?

We asked Conte Jaswal Law for their perspective on traffic claims and this was their response.

The answer is no. All personal injury claims in traffic accidents indeed follow some basic “scheme.” But each case is different from the others.

A starting point: have minor or serious damage, the difficulty will always be there. Do not think that by having suffered a cervical sprain, you will get compensated without hitting yourself. Let’s not fool ourselves. You will have other difficulties, but you will have them.

Minor personal injury: either you get paid quickly, or you have to sue the company

There is a belief among many injured by a minor accident that they think that small injuries are paid for quickly and without a problem.

Being purists, we can say that some minor personal injury claims can be collected more quickly and more easily.

This occurs when the insurer accepts the fault, and its reasoned offer is reasonable, or even negotiating a raise is achieved that they recognize all the damages you have had in the loss.

But it happens rarely.

The difficulty of minor personal injuries in a traffic accident is that precisely because they are minor, there are many times that companies minimize them to the point of considering that it is “as if you had nothing.”

In other words, if your car is hit from behind and suffers a few scratches or even hardly that, be prepared for the insurance company to refuse to pay you even a penny of compensation.

Most of those injured in a crash suffer some neck injury. And in most cases, the companies do not pay them.

Despite this, the good news is that in LAWYERS INJURIES, we are legally winning 100% of the lawsuits that we file against insurers for personal injuries consisting of whiplash, lumbar pain, or back pain.

We have already said that companies use statistical criteria to refuse to pay for these types of injuries.

But it has been proven that on many occasions and for certain victims, personal injury to the spine can be very disabling and become chronic, especially when there was a history of previous pathologies.

The consequence? That they lose in the courts, while the injured receives the compensation that corresponds to him.

Personal injury claims in traffic accidents arising from very serious accidents are complex and difficult to quantify. And insurers know it.

This means that, although they admit guilt and are willing to compensate the victim, they are not going to give anything away.

The help of a specialist lawyer becomes essential in these cases.

Not only to demand payments on account to the company, but also to manage all the logistical, treatment, and medical needs that the injured party needs and coordinate all the aspects to take into account (work, family, personal …).

What is claimed as a personal injury?

There are some basic starting points, but from there, each injured person’s circumstances must be taken into account and applied to determine exactly how much can be claimed.

Healing time

For example, let’s imagine that you are discharged from rehabilitation, but until 15 days, you have not been given an appointment with the trauma to be discharged. The company will not want to pay those 15 days apart, counting only up to the date of your discharge from rehabilitation.

And now, the situation is much more complicated, taking into account the forced stop that many injured with personal injuries in a traffic accident have had in their treatments due to the forced confinement that we have had because of the health crisis caused by Covid 19.

It is easy to imagine that the time the victims have not been able to undergo treatment to heal has harmed their evolution. But it is almost certain that you will have to fight with the companies for this cause, which will try to deduct days of healing for this reason.

Posted in Criminal Offenses

Criminal Offenses – The Different Types You Should Know

Criminal Offenses – The Different Types You Should Know 

Even though crimes come in different forms, criminal acts in general can be categorized into four main divisions, namely statutory crime, personal crime, financial crime, property crime, and inchoate crime.

Inchoate Crimes 

Such crimes were started but not completed. These are also acts that aid in committing another crime. An inchoate crime requires more than an individual just hoping or planning to commit the crime. The person should take substantial step for the completion of the crime in order to be considered guilty. Examples of inchoate crimes are abetting and aiding, conspiracy, and attempt. There are instances when inchoate crimes are punishable to similar degree as that of the principal crime while there are cases where there is a less severe punishment. 

Personal Crimes 

A personal crime results in mental and physical injury to another individual. Personal crimes have two primary categories, homicide forms and other kinds of violent crimes. If the physical harm to someone is too severe to the point that it causes death, a defendant could get charged with one of the different forms of homicide such as voluntary manslaughter, first degree murder, and vehicular homicide. On the other hand, violent crimes that are very severe as well include:

  • Arson 
  • Battery and assault 
  • Domestic abuse
  • Child abuse
  • Statutory rape and rape 
  • Kidnapping 

Property Crimes 

These crimes usually involve the interference with someone else’s property. Although these may involve mental and physical harm to someone, property crimes mainly lead to deprivation of enjoyment or the use of property. Majority of property crimes come in the form of theft crimes such as shoplifting, automobile theft, burglary, larceny, and robbery. 

Financial and Other Crimes 

Financial crimes are those that usually involve fraud and deception in order to get financial gain. While white collar crime got its name inspired by corporate officers that perpetrated it in the past, everyone in all industries could commit white-collar crimes. These crimes can include different forms of money laundering, blackmail, fraud, embezzlement, cybercrime, as well as tax evasion. 

Statutory Crimes 

The statutory crimes, aside from the crimes stated above, include crimes proscribed by the statute. The significant forms of these statutory crimes include traffic offenses, crimes related to alcohol, white collar or financial crimes, and drug crimes. In particular, the statue prohibits these crimes because the society wants people to deter from engaging in them. Crimes related to alcohol include various offenses regarding where and how alcohol could be consumed like:

  • Open container violations 
  • Driving under the influence 
  • Public intoxication 
  • Minor in possession of alcohol
  • Boating DUI 
  • Underage DUI
  • Supplying and selling alcohol to minors 

Drug crimes are about taking part in distribution or production of drugs such as drug manufacturing, drug trafficking, as well as drug possession.

Meanwhile, traffic offenses cover crimes that might take place while a person drives an automobile on the public roadways. Since driving under the influence involves using vehicle and alcohol, it is regarded as both a traffic offense and alcohol-related crime. Other traffic offenses include driving without license, driving on suspended license or revoked license, hit and run accidents, reckless driving, and vehicular assault.