MCLNugget: Haevischer SCC

R v Haevsicher, 2023 SCC 11 

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The Issue

What is the standard to be applied when a judge is asked to summarily dismiss an application without hearing it on the merits. In this case, the more precise question is “when is it appropriate to summarily dismiss an application for a stay of proceedings for abuse of process”.

The Answer

Applications should only be summarily dismissed, without a hearing on the merits, where it is determined that the application is manifestly frivolous. The Court explained:

Thus, the “manifestly frivolous” standard, which connotes the obvious necessity of failure, is the appropriate threshold for the summary dismissal of applications made in the criminal law context. If the frivolous nature of the application is not manifest or obvious on the face of the record, then the application should not be summarily dismissed and should instead be addressed on its merits. [Para 71].

 The Details

The Court began with a review of the history and development of the summary dismissal power. Naturally, as the case originated from BC, the Court discussed R v Vukelich, 1996 CanLII 1005.

In coming to the conclusion that “manifestly frivolous” was the proper standard, the court explained the impact of this terminology”

The “frivolous” part of the standard weeds out those applications that will necessarily fail. This Court has previously stated that the “‘not frivolous’ test is widely recognized as being a very low bar” (R. v. Oland, 2017 SCC 17, [2017] 1 S.C.R. 250, at para. 20). Having reviewed the case law on the “not frivolous” threshold, inevitability or necessity of failure is the key characteristic of a “frivolous” application.

[…] 

However, I add the word “manifestly” to capture the idea that the frivolous nature of the application should be obvious. “Manifestly” is defined as “as is manifest; evidently, unmistakably, openly”, and “manifest” is defined as “[c]learly revealed to the eye, mind, or judgement; open to view or comprehension; obvious” (Oxford English Dictionary (online)). Just like the civil standard for striking a claim requires that it be “plain and obvious” that the claim discloses no reasonable cause of action (or, in French, “évident et manifeste”), the addition of the word “manifestly” adds another layer to the “frivolous” standard and helpfully indicates that a summary dismissal motion should be based on that which is clearly revealed. [Paras 67-69].

The Court offered several points of guidance in relation to the scope and application of this test. First, the judge on the application must assume the facts alleged to be true and take the argument at its highest [para 83].

Second, the judge should generally assume the inferences suggested are true [para 84].

Third, as a rule, given the approach set out in these first two points, an application will generally only be manifestly frivolous where there is a fundamental flaw in the “legal pathway”. As an example, if the application relies on an argument already rejected or seeks a remedy unavailable [paras 85-86].

Fourth, the judge’s power to summarily dismiss a motion is ongoing.

Fifth, the party seeking dismissal bears the onus of convincing the judge the application is manifestly frivolous.

Sixth, as a “preliminary matter, the party filing the underlying application must ensure that their application complies with the local court rules and the applicable practices, directives and procedures” [para 94]. The Court noted, as an example, that Ontario “incorporated the power to summarily dismiss an application into its rules of criminal procedure” [para 94].

Seventh, the judge has discretion to determine how the summary dismissal process will be determined - as well as how the actual motion will be considered [para 103]. 

Are You Trapped In Timeshare Holidays?

Issues with the sales process or the possibility to terminate the agreement in the future may sometimes lead to issues for consumers who acquire timeshares. Timeshares were more widespread in Europe throughout the 1980s due to the area experiencing a period of tremendous economic expansion at the time.

There have been multiple allegations that sales teams for timeshare companies have lied to customers about the opportunities for customers to use timeshares as investments, and the businesses that offer timeshares have been accused of engaging in aggressive and dishonest sales practices.

In addition, there have been multiple allegations that sales teams for timeshare companies have lied to customers about the opportunities for customers to use timeshares as investments. In addition, there have been several claims that sales teams for timeshare businesses have deceived clients about the prospects for customers to utilize holiday resort timeshares as investments. These charges include customers who were told they could use their timeshares as investments.

It is possible that the corporation that sold you the timeshare used certain business activities that were unethical or dishonest in order to complete the deal with you. This is something that you should be aware of. This is one of the alternatives that may occur. For instance, if the company misled about the price of maintenance costs or the availability of certain services, you could be allowed to terminate the contract on the basis that the company engaged in fraudulent activity. This would allow you to get your money back.

Because of this, you would have the legal right to file a lawsuit against the corporation for breach of contract. It is extremely recommended that you obtain the services of legal counsel to help you through the remainder of this process. You will be asked to submit proof of the fraudulent behavior, and it is strongly recommended that you do so.

There is still another option available to you even in the event that you are able to prove that you were forced into signing the timeshare (https://en.wikipedia.org/wiki/Timeshare) agreement against your will. If you were forced to sign the agreement against your will as a consequence of being threatened, intimidated, or subjected to any other kind of coercion, then you were a victim of duress.

If you did sign the agreement despite feeling pressured, you are a victim of duress. If you are able to provide evidence that you were coerced into signing the agreement, you may be able to have the agreement nullified altogether. This is of course on the condition that you are able to prove that you were the target of some kind of pressure or intimidation.

If you are able to demonstrate that you have a valid reason for wanting to cancel the timeshare agreement, such as a change in your financial circumstances or a medical condition that prevents you from using the timeshare, then it is possible that you will be granted permission to do so in certain circumstances. If you are unable to demonstrate that you have a valid reason for wanting to cancel the timeshare agreement, then it is unlikely that you will be granted permission to do so.

If you are unable to demonstrate that you have a valid reason for wanting to cancel the timeshare agreement, then it is unlikely that you will be granted permission to do so. In light of the aforementioned, it is of the utmost importance that you be aware of the fact that the burden of proof will be put fully on your shoulders in order to demonstrate that you have a valid reason for terminating the contract.

Last but not least, you may be able to break out of the contract that you are now bound to if you are able to sell or transfer the timeshare that you currently own. The vast majority of companies that sell timeshares allow owners to sell or transfer their ownership to another party. This may be done either directly via the business that sold the timeshare or through an independent resale market. If you are successful in finding someone to acquire or accept ownership for your timeshare, you may be able to get out of the agreement and pursue other options. This increases the likelihood that you will be able to do so.

Although it is possible to break out of a timeshare agreement, doing so may be difficult from a legal aspect. In a nutshell, one should not be discouraged. If you are considering getting out of your timeshare contract, it is in your best interest to seek the advice of an attorney who can assist you in understanding the various paths you may take and guide you through the process. If you are considering getting out of your timeshare contract, it is in your best interest to seek the advice of an attorney.

In addition to concerns over the sales process, some companies have been accused of misleading clients regarding the ability to resell their timeshares for a profit. This accusation comes on top of problems regarding the sales process. This charge comes on top of the problems that have been occurring with the process of making sales.

Customers who are interested in getting rid of their timeshares should steer clear of "cold calls" (https://www.dictionary.com/browse/cold-call) and unregulated businesses and instead visit a reputable website that specializes in the termination of timeshare contracts. In recent years, customers have been pursuing claims through the legal systems of either Spain or the United Kingdom in an effort to get compensation for fraudulent timeshare sales practices and frauds.

These claims have been made in an attempt to get compensation for fraudulent timeshare sales practices and frauds. After the first payment of legal fees has been made, there is still a chance that the issue will not be pursued further; this is another alternative. It is highly recommended that if you are attempting to get rid of a timeshare or make a claim for compensation, you conduct business only with firms who have a reputable reputation and are subject to the relevant rules.

MCLNugget: Ching ONCA

R v Ching, 2019 ONCA 619

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The Issue

When does the transferred intent provision in s 229(b) apply to a planned and deliberate first-degree murder pursuant to s 231(2). Put differently, where an accused kills someone other than the intended target of their planning and deliberation, will they be guilty of first-degree murder.

The Answer

In order for the murder of a person, who was not the intended target of a planned and deliberate murder, to constitute first-degree murder as a planned and deliberate killing pursuant to s 231(2), the killing occur by accident or mistake during the course of carrying out the plan [Ching at para 26].

The Details

Willy Ching and his wife were separated. Ching believed she had an affair. On the date of the offence Ching tracked down Ms Ching at the home of Ernesto Agsaulio. Ching had brought with him a knife and hachet.

When Ching arrived at the home Agsaulio opened the door but refused Ching entry. He told Ching that he was not allowed in and could not see Ms Ching. Ching attacked Agsaulio. Pulling out his knife and hachet. Mr Agsaulio and his son managed to restrain Ching and Ching never got any further – he never saw Ms Ching.

Agsaulio later died from the injuries inflicted by Ching. He was charged with first-degree murder. He was convicted. He appealed. The Ontario Court of Appeal overturned the conviction for first-degree murder. The court held that the trial judge erred in the charge to the jury in relation to how the murder might constitute first-degree murder. The court held:

• Section 231(2) (planned and deliberate murder) is clear in relation to what will constitute first-degree murder, it is the murder which was planned and deliberated that will be captured by this section. Accordingly, for the murder of Agsaulio to be first-degree murder it must have been planned and deliberated. It was not [Ching at para 21].

• The transferred intent provision in s 229(b) can only apply where the murder occurs during the course of carrying out the planned and deliberate murder, by mistake or accident [Ching at paras 22-26]. Put differently, “where person B is killed while the accused was carrying out the planned and deliberate killing of person A such that the transferred intent provision in s. 229(b) applies to make the killing a murder, the plan was, in effect, executed and it is only by accident or mistake that someone else died. As the planned and deliberate murder was executed, it attracts the higher level of moral culpability required for first degree murder” [Ching at para 27].

• This distinction means that where an accused who intentionally kills person B when in the course of carrying out the planned and deliberate murder of person A they will be guilty of second-degree murder, whereas an accused who accidentally or mistakenly kills person B when person A was the target of that act, they will be guilty of first-degree murder [Ching at para 30].

How to Cope with Divorce

Divorce is a legal process that ends a marriage. It generally involves the cancellation and reorganization of the legal responsibilities of the marriage. A divorce dissolves the matrimonial bonds between the married couple and is difficult on both parties. It can also be emotional and lonely. Luckily, there are resources to help you cope with the process.

It ends a marriage

Marriage dissolution is a legal separation between two people. This separation is considered a permanent break from the marriage, and is the end of the relationship between both parties. The divorce court will decide on how to split property, spousal support, child custody and support, and other issues. It will also determine if one spouse can remarry or not.

A separated spouse may not marry anyone else for six months after the separation. There are many reasons why couples decide to end their marriage. Some are financial problems and infidelity. Others may find it difficult to communicate with their spouse. In many cases, couples simply cannot find a common ground.

If you can't reach an agreement, you can go to court to prove your case and get court approval. In some cases, a legal separation is the only way to keep medical and other benefits that your spouse is entitled to. However, it's important to consult with a lawyer before making any final decisions.

It can be emotionally draining

If you are going through marriage dissolution, you are likely feeling powerful emotions such as anger, sadness, and guilt. However, there are ways to deal with these emotions. For example, writing down your feelings and composing unsent letters can help you release your negative emotions and keep yourself calm during this difficult time. Also, discussing your thoughts and feelings with friends and family can be cathartic. 

Regardless of the type of marriage dissolution, it is important to treat yourself with compassion and gentleness during this time. Treating yourself to your favorite experiences can also help you heal. A massage, a relaxing exercise routine, and eating your favorite foods can help you feel better. You can also go on religious retreats, yoga and meditation retreats, or vacations, which can all be very comforting.

Even small extravagances such as a cup of coffee or a piece of chocolate can help you feel better and less stressed. The first step in healing after marriage dissolution is to learn how to deal with your emotions. You must avoid ruminating about past mistakes or worrying about the future.

Negative thoughts will only aggravate your situation. Instead, focus on the positive aspects of life and avoid dwelling on your dissolution. If the disunion has left you feeling isolated, it is important to seek help from a therapist recommended by your lawyer. If you’re looking to hire a reputable divorce solicitor, read on. A therapist can help you deal with your emotions and provide support and tools.

These groups are held in person or online, and they provide guidance and emotional support. Many people find it helpful to write down their emotions in a journal. By journaling, they can process their emotions and gain perspective on difficult situations. All you need is a notebook, pen, and journal, and you can do it at any time of day.

It can be costly

Hiring a lawyer can add to the overall cost of your divorce. In addition to attorney fees, you'll also pay for court reporting, filing fees, expert-witness fees, mediation fees, parenting class fees, and more. These fees can range from hundreds to thousands of dollars. When working with a divorce attorney, it's important to discuss these costs and determine what's appropriate for your situation.

First of all, it's important to make a realistic budget for your finances. Disunion can lead to dramatic shifts in your income and expenses. Make a list of all your expenses for the past month and make a list of what can be eliminated. After you've made this list, work on reducing the costs until you have enough to pay your bills.

If you have children, the cost of a divorce can be even higher. On average, a divorce will cost you between $15,000 and $30,000, and it's not uncommon for spouses to spend more. If you're worried about the financial costs of a divorce, consider a few alternatives to a traditional disunion, including collaborative disunion, arbitration, or mediation.

Another option is to use a financial advisor. Your financial adviser can help you create a budget and financial strategy that can help you get through the divorce and move on to the next phase of your life. An adviser can be a lifeline during a stressful time. It's also a great way to make sure you're not paying more than you have to.

But it can also be easy

Filing for divorce in the US involves a number of legal requirements. First, you need to get an Index Number from your County Clerk's Office. You must then file a Summons with Notice and a Verified Complaint. Once you've completed these documents, you need to have a non-party serve the papers on the other party.

The instructions included with the Uncontested Divorce Forms Packet will explain how to complete and file the documents. They will also tell you how to get the case placed on the court's calendar. During a divorce, both parties must disclose all assets and liabilities, as well as income and expenses.

When the divorce is uncontested, the parties are required to file less paperwork. Once the judge issues a judgment, the divorce is final. Both parties are required to wait a certain amount of time before remarrying. However, if there are unresolved issues, you may have to go through a trial or court hearing to resolve them.

As you go through the process of divorce, try not to get caught up in the insignificant details. These can cause stress and prolong the process. Instead of focusing on the past, focus on the future. By focusing on the big picture, you can devote more time to more important matters.

MCLNugget: Bajich ONCA

R v Bajich, 2019 ONCA 586

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The Issue

Can confidential informant information be substantially relied upon to justify an arrest?

The Answer

If the information from the CI is sufficiently credible, compelling and corroborated it may be sufficient to support reasonable grounds for an arrest. Notably, with respect to corroboration, the evaluation is contextual. It is not the number of observations/information that determine if there is sufficient corroboration, but whether the observations/information are capable of rebutting innocent explanations.

The Details

Kresimir Bajich was dealing drugs out of a bathroom in a bar in Oshawa. Someone knew about it. They decided to tell the police. The information included that Bajich was dealing drugs, the type of drugs, the location and Bajich’s nickname, “Big Mouth Chris”. They did so as a confidential informant [CI]. The officer who received the information was advised that the CI had on at least two occasions provided information that resulted in arrests and charges and that the informant had no prior criminal record for crimes of dishonesty.   

On the basis of this information the police set up at the bar and put Bajich under surveillance. During the surveillance, about two hours, Bajich was observed “texting and speaking on his cell phone. He went outside, approached a Jeep Liberty, and had a one minute conversation with the female driver, during which he put his hands into the vehicle. He went into the bathroom twice, on each occasion followed by another patron. He was also seen smoking outside, where he spoke with a female and counted a large amount of cash and coins. After one call, he was observed pulling out a pill vial and counting out the pills in his hand. He then approached and leaned briefly into a large white boom hydro truck” [para 13]. Coupled with the CI information, the police viewed this to support grounds and Bajich was arrested.

At trial Bajich challenged that arrest, arguing that it violated section 8 of the Charter (insufficient grounds). The trial judge dismissed the Charter motion. Bajich was convicted and appealed. The Court of Appeal held that the trial judge did not err in reaching this conclusion. The CI information was sufficiently compelling, credible and corroborated. The police had grounds to make an arrest. In particular, the Court of Appeal noted the following in relation to corroboration:

• What is critical to the analysis of whether an arrest is objectively reasonable is not the number of incidents observed during police surveillance, but “the nature of the information derived from the surveillance, taken in the context of the totality of the circumstances and weighed through the perspective of the experience of the arresting officer”: R. v. Anang, 2016 ONCA 825 (CanLII), 367 C.R.R. (2d) 289, at para. 22.

• The police need not corroborate every detail, nor do they need to confirm a tip to the extent of having observed the commission of the offence: R. v. Rocha, 2012 ONCA 707 (CanLII), 112 O.R. (3d) 742, at paras. 22-23.

• The question is not whether there could be an innocent explanation for each of the activities or interactions observed by the police. Rather, when considering the objective reasonableness of the subjective grounds for arrest, the court must look to the totality of the circumstances, and not consider each fact in isolation: R. v. Labelle, 2016 ONCA 110 (CanLII), at para. 10.

Auto Accident Law - What you Need to Know

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If you have ever been in a vehicle accident, you understand how terrifying they can be. In addition to worrying about possible harm to yourself or your fellow passengers, you must also consider your transit options.

You probably have a million and one thoughts in your head. However, it is essential to know what to do at an automobile accident site. Contacting an uber accident lawyer should be a priority when you get yourself in an accident, here's what you need to know about auto accident law.

What is Auto Accident Law?

The legal laws that govern who is accountable for the personal and property damage arising from a traffic collision are known as auto accident law. This field of the law consists of the application of negligence principles to this specific class of personal injury claims. Similar to other circumstances where negligence law applies, automobile accident litigation is virtually exclusively regulated by state law.

In order to receive compensation, auto accident victims in every state must demonstrate the same four essential criteria. These factors include duty, breach, cause, and damage. Regarding duty, drivers have a legal responsibility to follow the regulations of the road and operate their cars responsibly. This includes driving at a safe pace, keeping control, being alert, obeying traffic signals, utilizing turn signals and headlights, etc.

Generally, the presence of an obligation is acknowledged without any debate. In contrast, the plaintiff is often needed to provide proof that the defendant broke this obligation. Direct evidence, such as eyewitness testimony, traffic surveillance footage, or an acknowledgment of blame, may establish a breach. Alternatively, the plaintiff may have to rely on circumstantial evidence, such as skid tracks, paint smudges, or blood alcohol tests.

You Should Consult a Lawyer

Before accepting a settlement or attempting to handle your case on your own, it's vital to discuss your alternatives with a lawyer who specializes in automobile accident cases. The insurance provider is not required to inform you of your legal rights. In reality, they have every reason not to comply. Consult with a lawyer as soon as possible following an accident to protect yourself.

Insurance Companies Are Not Your Allies

You must immediately tell your insurance carrier about the accident, but you should not accept any settlement offers before consulting with an attorney. Insurance companies have brilliant advertisements, but make no mistake: They are in the business of generating money, not standing by your side or swooping in to save the day. They want to diminish the value of your claim rather than compensate you for its full and fair worth.

Do I Need an Attorney for an Auto Accident?

After a vehicle accident, it is always possible to represent oneself, although it is not advised. As with any profession, training and experience make it much easier for a car accident attorney to obtain you the money you need after an accident. Even though you will be required to pay your attorney if you get compensation, in the vast majority of circumstances, accident victims who engage a lawyer receive far more money than those who represent themselves. One of the advantages of choosing a vehicle accident attorney is that there is no risk involved. These lawyers often operate on a contingency fee basis, meaning they are only compensated if you get compensation. If you are successful, your attorney will earn a portion of your compensation. This implies that you will always come out ahead, since you will never pay your attorney directly.

Finding the Best Automobile Accident Lawyer

A vehicle accident lawyer is a kind of a personal injury lawyer. You may feel overwhelmed by the abundance of possibilities in your neighborhood. It seems like every advertisement, bus seat, and billboard advertises the services of an attorney. By asking the appropriate questions and searching for the correct qualifications, you will be able to identify the ideal candidate. 

What Is Their Background?

Numerous personal injury lawyers specialize in a certain sort of case. Some deal with instances involving workers' compensation, some with class action lawsuits against manufacturers, and others with auto accidents. You need to choose an attorney with extensive expertise in auto accidents. In the odd event that your case doesn't settle before trial, you should seek out a lawyer who has litigated cases to verdict. Obviously, with this level of expertise, there ought to be a track record of success in obtaining proper settlements and judgements from insurance companies.

Are They Esteemed by Their Contemporaries?

Conduct internet research to see what other lawyers have said about them. Ask them what proportion of their business comes from recommendations from other attorneys. Greater percentages are preferable. Referrals indicate that other lawyers have a great deal of regard for the person you're speaking with; so much respect, in fact, that they are willing to risk their own reputation by recommending them. A competent attorney is also eager to give references who can attest to his or her skills.

Do They Have an Expert Office?

You need a lawyer who has the means to handle your case. This indicates that they have the personnel necessary to conduct investigations and handle concerns when they emerge. As your case proceeds, you may likely interact with some of these staff personnel. Additionally, an ordered office space is a sign that the attorney is operating a professional firm. It would be difficult to trust an attorney who is sifting through files to discover your case when you arrive for a consultation.

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4 Things to Consider Before Hiring a Lemon Law Attorney

Many people have asked whether getting a vehicle is an asset or not. Well, you should know that there are many sides to answering this question. But by and large, a vehicle is considered an asset.

The reason is that it aids mobility as movement from one point to the other can happen seamlessly with it. However, the twist to this answer is that getting a vehicle for some involves taking out an auto loan.

The vehicle remains an asset but the way it was obtained (the auto-loan) adds a touch of liability to it. If you would like to understand why it is considered a depreciating asset, you can visit: https://www.quora.com/

Be that as it may, the truth is that certain things can threaten the state of one’s vehicle as an asset. One of such is what is known as lemons.

‘Lemons’ is the term used to refer to mechanical issues that affect the smooth operation of a vehicle. These are defects from the side of the manufacturer or dealer rather than the person/people that purchased the automobile.

When lemons are discovered, it is only ideal that the manufacturer or dealership takes responsibility. This is by repairing, replacing, or refunding the buyer.

Well, it so happens that manufacturers and/or dealers are sometimes hesitant to do this. They try to shift the blame to the buyer in a bid to avoid the financial implications of owning up to the problem. Fortunately, a lemon law attorney can work in the best interest of the buyer.

In other words, you should contact one to come to your aid if you realize you have such problems with your vehicle. However, it is also important that you engage the services of the right attorney in this legal line.

To ensure that you get it right, some tips to help you identify and eventually work with the right law attorney in this legal line will be discussed here. We strongly suggest that you continue reading as having the best legal representative will be in your best interest if/when you face a lemon case as a buyer.

Choosing the Right Lemon Law Attorney

You are likely to come across legal professionals that claim to be good at representing people in your shoes. However, this is not always the case as even the below-par ones would try to prove a point in their favor.

For this reason, you need to be aware of how to find and choose the right legal professional in this line of work. To this end, here are some tips listed and explained below to help you out:

Choose an Experienced Legal Professional

To attend to lemon law matters as a legal professional; the first requirement is licensing. In other words, an estate lawyer that is licensed to practice law in California might as well take on lemon cases.

However, there are downsides to this. The reason is that this legal representative does not know enough about how this aspect of the law operates. This is even though s/he can take on such cases.

Bearing this in mind, you have to settle for an experienced lawyer. We specifically mean one that is very experienced in handling lemon cases. This is both in and out of the courtroom. You can check out the Law Office of Patrea R. Bullock for tips on how to know an experienced law attorney in this legal line.

You should even go as far as finding out how many of such cases the legal professional has undertaken and how they turned out. This will help a lot in deciding whether or not you should work with the legal professional you have contacted.

Locally Based

Lemon laws are state-sensitive. They are not considered a part of the federal exclusive list. As a result, the state determines these laws to a large extent.

As a result, what you would realize is that some things that hold water in some states are irrelevant in other states. In light of this, you need to choose a lawyer that understands lemon laws in your state and even your location in particular. By paying attention to this, no stone will be left untouched in getting what you deserve as the buyer of such a vehicle.

Have the Lawyer Explain Your Chances

A good lemon lawyer with expertise in this area of the law is supposed to be as realistic as possible with the client. This is by explaining your chances of winning and getting compensated by the manufacturer or dealership.

For example, some cases would likely get the buyer repairs by the manufacturer rather than a replacement or refund. A good lawyer in this legal line needs to be open and realistic with the client.

In addition to this, some cases are no longer within the legal jurisdiction of lemon laws. However, the buyer’s interest may still be best represented by approaching it as a fraud on the part of the manufacturer.

The whole point being established here is that the lawyer needs to be thorough in ensuring that the client understands the chances of winning. Usually, legal representatives that do not work this way are professionally questionable.

Interview More than One Lemon Law Attorney

You might want to interview more than one legal professional for this purpose. Doing this can help you understand what makes a lemon law lawyer better than others. This will eventually help you in choosing the best one.

You Are Better with a Lemon Law Lawyer

We have gathered how some people think they do not need a lawyer for certain issues. Dealing with a lemon case with a manufacturer or dealership is one of such for many. Some people even think that a lawyer should only be involved if the manufacturer is not responding.

Well, the manufacturer or dealership might respond but not appropriately. For example, some cases should be outright replacement or refund rather than repairs. A good lemon law attorney will ensure that you get whatever compensation you deserve.

In general, people need to understand the importance of engaging the service of legal professionals when the need arises. For more on this subject, you can check here.

Conclusion

Lemon law attorneys can ensure that buyers of vehicles that have lemon issues get compensation on time. It is also important that the right legal professional is hired when the need arises. To this end, we have discussed some things that would help you choose the right lemon law attorney when the need arises.

4 Essential Qualities of a Personal Injury Lawyer

A personal injury lawyer is a lawyer who provides legal services to those who claim to have been injured, physically or psychologically, as a result of the negligence of another person, company, government agency, or any entity. Tort law, which is an area of civil law, covers all aspects of personal injury cases. Many qualities are essential for a personal injury lawyer. Here are the top ones. 

Knowledge

A personal injury lawyer must be knowledgeable about the law. They must know how to interpret the law and apply it to the facts of a case, whether the case requires knowledge of bicycle accident laws or slip and fall accidents. They must also be able to research the law and find relevant case law to support their client's position. 

Here's how to find a lawyer who knows the law:

• The lawyer must have a law degree from an accredited law school.

• Find a lawyer who is familiar with the legal process and the different types of injuries that can be sustained in a personal injury case.

• Find a lawyer that specializes in your relevant area of personal injury law, such as medical malpractice, product liability, or car accidents.

• A lawyer who has received awards or recognition from peers for their work in the field of personal injury law is preferable.

Negotiation and Trial

A personal injury lawyer must be skilled in both negotiation and trial. They must be able to negotiate with insurance companies and other parties to try to reach a settlement that is fair to the client. 

If a settlement cannot be reached, the lawyer must be prepared to take the case to trial. 

You can gauge if a lawyer is skilled at both by finding out about their trial experience. They should be familiar with the rules of evidence and procedure and should be able to present a case persuasively.

Then, find out about their track record of success in negotiating settlements.

Communication 

A personal injury lawyer must be able to communicate effectively with their client. They must be able to explain the law in layman's terms and keep the client updated on the status of the case. 

Here's how to find a lawyer who has good communication skills:

• Some lawyers have client testimonials on their website or in other marketing materials. These testimonials can give you a sense of the lawyer's ability to communicate.

• A lawyer who is always too busy to speak to you during the consultation period is likely to not answer emails or calls. 

• Look out for a lawyer who can effectively explain your legal position during your first meeting. 

Compassion

A personal injury lawyer must be compassionate and understanding of their clients. This means empathizing with the client's situation and understanding the emotional toll that a personal injury can take. 

Once again, a good way to gauge this is by studying the lawyer’s personality during the consultation period. 

Also, client testimonials can give you a sense of the lawyer's bedside manner and whether they are someone who will be supportive and understanding of your situation.

The qualities of knowledge of the law, negotiation skills, communication skills, and compassion are non-negotiable when it comes to finding a personal injury lawyer. Thankfully, if you look carefully enough you’re sure to find someone with these qualities to represent you. 

What Determines Fault In Car Accident Cases?

After a car accident, many things are uncertain. Determining fault is one of the haziest aspects after a car accident. Many drivers admit undue liability and insurance companies can also engage in deceptive tactics to obscure the truth, further complicating the process.  

This article discusses what determines fault in car accident cases. State law has a significant impact on determining fault but so do insurance companies, police reports, eyewitnesses, and the drivers themselves. Continue reading to learn all there is to know about what determines fault in car accident cases.

If you are uncertain about determining fault in your car accident case and in Colorado, you should contact an experienced Denver accident attorney to help understand all of the important details surrounding your case.

Fault In Auto Accidents

If you have ever experienced a car accident, you likely have some idea of the procedure that happens afterward. If the accident involves bodily injury or property damage, police will likely arrive on the scene and create a police report. During the police report, they will collect evidence, speak with any witnesses present, and summarize their interpretation of what happened to determine responsibility.

The police report, however, doesn’t automatically issue liability. While insurance companies often look at the police report to determine fault (as well as any other evidence) determining  fault often comes down to state laws.

State Liability Laws

States assign liability differently for car accidents depending on where the accident occurs. For example, states such as Florida operate under a comparative fault system. Using this method, each driver receives a share of fault depending on the degree to which the insurance company investigators believe each driver contributes.

If a driver cuts another vehicle off and immediately hits the brakes, causing the other vehicle to rear-end them, the first driver would likely receive the majority of the blame while the other driver receives the rest for following too closely.

Both drivers can issue claims against each other in comparative fault states. However, they may only collect the percentage of their total losses equal to the other driver’s percentage of fault.

In a modified comparative negligence state, the laws operate like ones in pure comparative negligence states but they disqualify drivers from pursuing compensation if their liability exceeds a specific percentage (typically 50 or 51).

The third type of state liability law is known as contributory negligence. Under this system, any fault assigned to a driver renders that driver unable to pursue compensation from the other driver or their insurance company.

Personal Injury Protection (PIP)

In states with personal injury protection laws, car accident victims must file a claim with their insurance company regardless of the at-fault driver. These states mandate a minimum amount of insurance that drivers must carry and they can only pursue the other party after their insurance company pays that minimum.

What Is an At-Fault Accident?

At-fault states are states without PIP coverage laws. In these cases, the at-fault driver’s insurance company must help cover the other driver’s injuries and property damage claims. For example, you’re deemed responsible and negligent after hitting a parked car. In this case, your insurance company would have to help repair the other driver’s car damage.

Drivers Decide

In some cases, drivers can decide fault at the scene of the accident. In these cases, drivers often wind up pointing fingers at each other while they exchange information. Drivers might admit fault in the heat of the moment without understanding the nature of the accident.

To avoid this scenario, drivers should take pictures before the involved vehicles move. They should also record eyewitness statements and note their names and phone numbers. Drivers should show their license and insurance ID card and record the make and model of the involved cars. Finally, they should document the location, time of day, and weather conditions of the accident. If necessary, the parties should wait for the police to arrive on the scene.

The Police Report Decides

While police reports aren’t infallible, they typically contain pertinent details about the accident. Details such as cell phone use and driving under the influence can automatically determine fault in accordance with state laws.

The police report becomes a public document, so insurance companies will always look to this for guidance when determining fault. The police report will be of particular value if the other involved driver tries to sue you for damages or medical injuries.

Insurance Companies Decide

If the involved parties file claims with their insurance companies, the insurers will be responsible to decide the outcome. Your insurer will seek retribution from the other’s insurance company if they find them to be at fault for the accident. This process is known as subrogation.

Arbitration Decides

When insurers don’t agree, they use a process known as arbitration. Arbitration can reduce the number of lawsuits and make it easier for insurers to issue settlements.

A Lawsuit Decides

If you go to court, a jury will decide the at-fault driver in your accident. Very few claims result in lawsuits due to the lengthy process of getting a case to court and trying it before a jury.

What to Do After a Car Accident

After car accidents, the last thing you want to do is make it easier for your insurance company or another driver to hold you liable. Say as little as possible, especially when speaking to insurance representatives, and never admit fault. You should also speak with a car accident attorney as soon as possible to ensure you fully understand your case and can get fair compensation.

Without consulting a car accident attorney, you leave many things, such as collecting evidence, negotiating with insurance companies, and understanding personal injury law up to chance. Car accident attorneys are experienced in the art of negotiating with insurance companies and can ensure you get the most out of your case.

Conclusion- What Determines Fault In Car Accident Cases?

Many things can determine car accident fault. Very few ever get to the lawsuit phase. However, if you are unsure of who’s going to pay for the medical bills you incur after a car accident or you have vehicle damage you don’t think you should be responsible for, you should contact an attorney.

Car accident attorneys can help you understand the complete nature of your case and whether filing a claim with the court is your best option. Before deciding whether to take your claim to court, they will also negotiate with your insurance company, helping you avoid some of the unscrupulous tactics these companies use to get drivers to admit undue liability.

Four Most Common Mistakes Your Lawyer Might Make

Lawyers are human and they can make mistakes too. However, if something bad happened to you due to neglect, it can’t be labeled as a mistake. While you have the option to get justice on this behavior, no one would want to go through that experience when he is already dealing with an issue. 

You can avoid this issue by hiring a criminal lawyer that has a good name in the industry and works with passion and staying connected with him at every step. You should not just leave everything to the lawyer, and make updates at every step and make sure all deadlines are being met. 

Change the lawyer during the proceedings if you feel he is not taking your case seriously. Here are some most common mistakes made by lawyers that you should watch out for. 

Not Properly Listening to Issue

Many lawyers don’t listen to their clients properly. They are busy with more than one case and they don’t pay attention to the one that is not paying high or is not very important to them. You will feel like they are thinking about something else or just trying to end the conversation when you are talking to them. 

Such lawyers make you feel like they are doing you a favor by taking your case. Even if it is pro bono, they can’t treat any client like that and it can cause issues for them later. It’s a part of their job to properly listen to the issue and guide the client to the right path. If it’s proven that they misguided or lied, their license can be canceled. 

Not Investigating the Case

It’s also a part of the job of a lawyer to investigate the case himself, although not many people know this. Not every case requires them to go out and investigate like a detective, but it can sometimes be a part of their job. They have to visit the scene of the incident and collect as much information as possible. 

This also involves visiting the police station and asking for all the required files that can be made available. It’s understandable that civilians can get nervous in the police station or they can be misguided; however, a lawyer knows all the rights and laws and can easily get every piece of information he needs. 

Not Planning Properly

Just gathering information and documenting them is not enough. They have to plan what they are going to do in court. It’s the main part of their job and this is where you can tell about the skills of a professional lawyer. They have to find loopholes and issues that can be used in your favor. 

They basically make a strategy about the questions they are going to ask and how you are going to answer their questions. If they do their job right, they will come up with something and somehow get the other party to provide the proof for that. However, this planning phase requires thorough study and brainstorming. Only a lawyer who really wants to win the case and help his clients would go through this effort. 

Not Taking Timely Actions

It is possible to take an action too late that even a strong point can become useless. For example, not presenting proof or witness at the right time. They have to get some information before the other party imposes some restrictions or prepares for them. 

You should see if your lawyer is slacking. Study the whole case with him and try to understand everything yourself with confidence. If you feel that the lawyer is delaying something, you should discuss it with him and ask for a reason.