Presenting Proofs for a Successful Automobile Rollover Lawsuit

By: Rainier Policarpio
All automobile rollover accidents differ in various factors such as the time and place where they occur, the law violated and presence of witnesses among others.

However, in all cases filed because of such accidents, the victims must always establish the extent of damages and losses that they have incurred as well as the liability of the other parties who has caused the accidents.

To establish the liability of the other driver in an automobile rollover case, a plaintiff must present in court some credible evidences that will prove that the defendant has been neglectful or has violated certain traffic rules. He must also give some proofs that he is not guilty of any fault.

The following are some of the methods on how to have proofs for a successful automobile rollover lawsuit:

• Have a copy of the police report regarding the accident incidence – the recorded accounts of the police authorities who took charge in investigating the accident scene is very important in the court’s determination of liability. T

Thus, the victims may utilize a favorable police report in order to have a credible proof or evidence of the defendant’s misdemeanor.

• Gather documents that are vital for case – the medical records of the victims also serve as vital evidences in an accident lawsuit. These proofs will serve as a basis for the judge in determining the amount of damages that the victims must receive.

• Determine the law violations made by the other party – in this case, the victims must be aware of the law statutes that cover auto accidents. Some of the most frequent traffic rules that are violated by motorists are speeding, driving under the influence of alcohol and other illegal substances, beating the red light among others.

The California law is very strict regarding the implementation of such traffic regulations. Thus, if the plaintiff has been very credible in disclosing the violation of the defendant, he will most likely to win his case.

• Ask some witnesses to testify for you – although there are times that the police reports, medical records and victim’s testimony are enough to indict a wrongdoer, a statement coming from an actual witness of the rollover accident can augment the merits of the case.

• Consult an automobile rollover lawyer – since this type of case involves legal matters, it is important to seek the assistance of a qualified legal counsel with the expertise in handling automobile accidents.

A lawyer has the capability to explain to you on how to acquire and present these proofs in court. Having competent advocate to rely on will further increase your chances of having a successful case outcome.

For more information about having a successful automobile rollover lawsuit, get the expert legal assistance of Automobile Rollover Lawyers.

Article Source: http://www.ArticleBiz.com

Recent Family Law Decision

By: David Siegel
Revestment

The court had authority to modify the distribution of proceeds under the doctrine of revestment; under this doctrine, litigants may revest a court which has general jurisdiction over the matter, with both personal and subject matter jurisdiction, over the particular cause after the 30 day period following final judgment during which post-judgment motions must ordinarily be filed. In order for the revestment rule to apply, the parties must actively participate without objection in proceedings which are inconsistent with the merits of the prior judgment.

Review Abuse of Discretion

Defendant failed to demonstrate that the court abused its discretion in modifying a divorce decree.

Discretion of Court

The modification of child support provisions rests in the sound discretion of the trial court and will not be interfered with in the absence of an abuse of that discretion or unless a manifest injustice has been done. Although the modification or termination of alimony provisions in a divorce decree rests in the sound judicial discretion of the trial court, such a modification or termination must not be made arbitrarily or capriciously, but rather must be equitable and must be based upon a showing of a substantial change in the circumstances of the parties. Modification of a divorce decree rests in the sound discretion of the trial court, and courts of review will not disturb its finding unless the evidence clearly so requires. Whether the alimony to be paid by the defendant should have been terminated rested in the sound discretion of the court. Alteration of an order respecting support payments rests in the sound judicial discretion of the trial court, and unless the record shows and abuse of that discretion such an order will generally not be disturbed on review. The modification of provisions for the payment of alimony and child support rests in the sound discretion of the court and a reviewing court will not interfere with the exercise of such discretion in the absence of its abuse.

Insufficient Record

Where there was no indication of the court's judgment concerning the evidence on husband's allegedly greater income, wife's allegedly greater need, and the causes underlying such but the record merely consisted of the testimony of the parties, the argument of their counsel, and general "findings" in the order, then the appellate court was unable to assess the validity of the circuit court's decision and remanded the case to give the circuit court the opportunity to indicate on the record its rational underlying the exercise of discretion which it undertook.

New Hearing Required

Where the statements of the circuit court reflected that it did not give appropriate significance to the evidence and was laboring under the misconception of the law applicable to a petition for modification of support and attorney's fees, that misconception deprived the wife of fair hearing on her petition and entitled wife to new hearing.

Dallas divorce and family law firm handling divorce and family law cases throughout Dallas and the surrounding areas. Results driven law firm with experience and skill to handle the most difficult cases.http://www.divorce-lawyers-dallas.com

Article Source: http://www.ArticleBiz.com

The Federal Law on Disability

By Manuel Salvacion
People with disability enjoy protection from discrimination at work under the Americans with Disability Act. This federal law applies to companies who employ fifteen or more people for a minimum period of at least 20 weeks.

Under its provisions, employers cannot discriminate against qualified persons with disability in:

• Hiring

• Application process

• Promotion

• Pay and benefits

• Discharge and termination

• Other conditions of employment

People with disability are also entitled to the following rights:

• Medical examinations and inquiries

Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may only be asked about their ability to perform specific job functions.

A job offer may be conditioned based on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs.

• Drug and Alcohol Abuse

Employees and applicants currently into the illegal use of drugs are not covered by the ADA when an employer acts because of such use.

Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or giving statements in any way in an investigation, proceeding, or litigation under the ADA.

Legal Definition of Disability

Disability as defined by ADA applies to persons who are thought to have a physical or mental impairment that substantially limits major life activity including walking, talking, seeing, and learning.

A person with disability enjoys certain reasonable work accommodations which every employer should imposed and comply with. Some of these accommodations are:

• Restructuring of work to allow a disable worker to perform his job

• Giving the employee additional medical leave

• Assigning the employee to a vacant or light-duty position

• Installing special equipment to help disabled employee

• Changing or modifying work schedule to accommodate the employee

• Providing the employee with an interpreter or a qualified reader

• Making existing facilities readily accessible or usable by disabled persons

To encourage the practice of helping people with disability, the government offers federal tax discount or tax incentives to both employer and the disabled employee. This step is also done to promote the accessibility of public accommodations.

Legal Remedy Against disability discrimination

If you believe you have been discriminated about because of your disability, you can have your lawyer file a discrimination suit against the offending party at the Equal Employment Opportunity Commission.

As a legal requirement, the discrimination charge must be filed within 180 days of the alleged discrimination. You have only 300 days within which you can the charge based on state or local law.

To help you pursue your case against an individual or an employer, it necessary to hire the services of an employment lawyer who specializes in disability discrimination cases. His skills and experience can help you win your case against disability discrimination at the work place.

For more information about how a Disability law firm can help you, seek out Attorney Services

Article Source: http://www.ArticleBiz.com