Can I Still Sue Someone After a Verdict in a DUI Case?

Can I Still Sue Someone After a Verdict in a DUI Case?

The American justice system is unique in the world, as the 5th amendment clearly states that no person shall be prosecuted twice for the same crime. This is important, as it prevents the government from punishing someone found not guilty of a crime by continually trying them in order to get the results it desires.

Most people then think that if someone is acquitted in a criminal case, that is the end of the story and justice has been served. This is true in the strictest sense of the law, as the 5th amendment prevents the government from trying someone again in a criminal setting for criminal punishment.

What that doesn’t mean is that you can’t sue someone that killed someone you love in a drunk driving accident in a civil court. Civil courts cover the realm of law that deals with interactions between people, and if someone you love was killed in a DUI accident you can often sue the person responsible for wrongful death or other associated claims.

There have been many famous cases where this aspect of the law has been applied, and not just in DUI accident situations. Perhaps the most famous one is the O.J. Simpson trial. While the criminal courts found him not guilty of the murder of his two victims, a civil court found him responsible for their wrongful deaths, and awarded their families a significant financial settlement to compensate them for their loss and pain and suffering.

If this seems like a contradiction, it’s not. The law looks at it as if the criminal aspect and the personal aspect of a certain act as two separate parts of one whole. The criminal courts did not prove that the person in question acted criminally, and thus they have no legal ability to punish …

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How to Win Big in Court

How to Win Big in Court

You want to win big in court. Guess what – so does the other side! They may not have your tools, though.

When you go to court, you have only one thing you want at the end of the case – a court order.

Everything else is fluff and filling. If you go into court with a complaint against your neighbor and you spend a lot of time talking about the angry looks he gave you while you walked your dog or his pot shots at your kids when they went past his property, if these are not part of your petition, you are setting yourself up to lose.

You need to keep your eye on the ball, so to speak.

A complaint in law has certain specifications identified in the law. For instance, if you want to bring a complaint regarding someone taking your property and using it as though it was his own and preventing you from using it, which materially affected you so you can set a monetary value to the damages, this is called “conversion.”

To prove conversion in court, you must establish that the property is yours, that the property was deliberately taken and used by the defendant, that you were deprived of the property and its use, and this deprivation was damaging to you. These four elements must be present to prove your case.

If you go to court and instead spend all your time talking about how rude the guy was, but do not prove either that the property was yours or that he refused to allow you the use of it, you have wasted your time in court and he could very well win this case. All he really has to do is deny your allegation and the burden of proof is …

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Federal Debt Relief Laws - How New Laws Encourage Consumer Debt Clearance Deals

Federal Debt Relief Laws – How New Laws Encourage Consumer Debt Clearance Deals

The majority of the Americans find themselves struggling with overwhelming debts day by day due to the recent economic depression. In their depression, many consumers have selected debt settlement companies which show them up in big advertisements and ultimately ended up in sinking them deeper into debt. In this situation they did not find any remedy than filing a bankruptcy case. That is the only way out to be free of getting harassment calls from the collection agencies.

Bankruptcy neither does any good to consumers, nor to the creditors. It blocks the whole financial future of the victim as well as causes the gradual downfall of the financial establishments. The introduction of new  meant to minimize the above cycle growing too far.

In the past, the creditors did not like to have settlement deals with debt relief companies because they wanted the consumers to pay them in full. But recession turned their expectations upside down as the consumers started filing bankruptcies instead. This alarmed the creditors and they understood that they will not be able to recover at least a portion of money that was owed, if they continue their aggressive way. Thus, the new federal debt laws assure that though the consumers pay their debts in half way, their account will be settled as a ‘payment made in full’.

Under the new laws, the protection of the consumer is guaranteed at the beginning of the debt settlement program. The F.T.C. laws prevent the debt relief companies from charging on any service fee at the beginning of the program. This method prevents scams and fraudulent companies entering this business. On the other hand, it provides a chance for all the debtors to try it without entrusting their last few dollars.

Eliminating unsecured debts through a debt settlement program is considered …

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Free Debt Help - How New Bankruptcy Laws Make Debt Settlement a Popular Option

Free Debt Help – How New Bankruptcy Laws Make Debt Settlement a Popular Option

What are the various points because of which debt settlement has overtaken bankruptcy as the most popular debt relief option? The first modification made by the 2005 amendment was the compulsory credit counseling session done within 180 days of filing of a chapter seven bankruptcy.

If the government approved expert does not agree to such a move, you obviously are going to face a lot of problems. The credit counseling session can come up with serious complications especially after you have filed for bankruptcy.

As you would know, the 60 day period after bankruptcy is very important and the lenders invariably file dispute charges against the borrower with in this time frame. If the credit counseling session does not go in your favor, you certainly are going to end up with complications on your hand.

Secondly, the means test introduced by the law means that you will have to satisfy the court that you do qualify for chapter seven. Merely your opinion that you are facing debt problems is not going to suffice. The opinion of the court and the satisfaction of the judiciary matters a lot. In such a scenario, there is a possibility that your planning for chapter seven bankruptcy may go waste as the law may order you to go in for a chapter thirteen bankruptcy.

Thirdly, nobody wants to let go of their assets. However, hiding the list of assets from the court in a bankruptcy proceeding can be very dangerous. There is a possibility that the individual may end up going to jail because the promise made to the court is made under oath and at the risk of punishment for perjury.

In such a scenario, a debt settlement deal which is nothing but a private contract between the lender and the borrower is a …

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Free Debt Help - How New Laws Have Created Debt Relief Options

Free Debt Help – How New Laws Have Created Debt Relief Options

There was a time when people could get out of a difficult financial situation by filing bankruptcy and get a trouble free fresh start. But with a change in laws, free debt help has come to the rescue of the masses so that what has been changed by the new laws can get people some respite.

Today what people face are the changing implications of the personal bankruptcy rules given in chapter 7 of the bankruptcy code. According to the new rules, anyone filing insolvency will have to pay some part of the debt that he or she owes to the financer. Besides that, there are many other types of loans which are not exempted from being written off, such as student loans and government taxes have to be paid in full without any reductions.

These changes in the laws have made bankruptcy an option which should be considered the least when it comes to resolving debt issues.

When one passage shuts new avenues appear. This is what happened with the implementation of the new bankruptcy rulings. People found debt relief as a far better option in the current scenario. With a bankruptcy you will end with a very low credit score, but on the other hand a settlement will give you a lesser damage. Besides when you have to pay a part of the debt then it is best in everyone’s interest that maximum amount is waved off. This is what relief options offer.

If you are in need of free debt help you have a better chance of finding it online. Free debt help is available for all those who have a balance in debt exceeding $10,000. There are relief networks that provide information regarding personal debt elimination. Here you can learn all about the available options that …

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