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  • Wills and Other Estate Plan Documents

    1/18/201210:35:22 PM Link 0 comments | Add comment

    attorney, estate plan, lawyer, living will, power of attorney, will

     

    Our law office is a personal injury and criminal defense law firm; however, we still get many questions regarding other areas of law.  One topic that pops up from time to time is the topic of Wills, or a Last Will and Testament.  Most people feel they should have a will, but are not exactly sure why or how to go about it.  Again, we are a firm that specializes in providing attorney services for persons injured in car/truck accidents or arrested on criminal charges such as DUI, so I am not about to delve into detail on the topic of estate planning.  What I will do is briefly describe what some of the most important documents are that usually accompany a standard estate plan. 

    While it is not a bad idea for everyone to be prepared for the worst; if you are single, have no children and do not own any assets, drafting a will probably does not need to be on the top of your list of things to do.  On the other hand, you may still want to make sure you have the proper documents in place should something happen and you are unable to make your own financial or healthcare decisions.  If you have significant assets it’s a good idea to have a will or a trust in place; and if you have minor children, you should definitely have a will in place, if for no other reason than to determine who will take over guardianship of your children should something happen to you.

    There are various documents that often accompany a will or trust when an estate plan is prepared.  The main documents you will want to make sure are included with your estate plan are Powers of Attorney.  Other documents that are often included as well are Advanced Directives and Living Wills.  Advanced directives and living wills state what medical care you would like to receive should you become incapacitated, and they direct your physicians on how to handle your care in certain scenarios.  Powers of Attorney appoint a representative to take control and make decisions on your behalf should you become incapable of making the decisions yourself.  A financial power of attorney states who will have control of your finances and make financial decisions on your behalf, whereas a healthcare power of attorney appoints an individual to make decisions concerning your healthcare should you end up in a state where you are unable to do so on your own.

    The bottom line is if you have kids or have accumulated significant assets, take the time to have a will drafted.  Simple estate plans do not take too much time to prepare and are relatively inexpensive considering the peace of mind they provide and the conflict they often prevent between family and loved ones.

     

  • No Contest Plea vs. Guilty Plea Revisited

    12/30/20112:08:27 PM Link 0 comments | Add comment

    accident, attorney, car accident, civil, claim, Criminal Defense, criminal law, criminal procedure, guilty plea, no contest

     

    We have discussed this topic before; however, lately our office has received multiple emails on the subject so we are going to revisit it.

    In a criminal case there are typically four options for the defendant when entering their plea to the charges in the information filed by the prosecution: (1) Not Guilty, (2) Guilty, (3) No Contest and (4) Not Guilty by Reason of Insanity.

    The Not Guilty plea is pretty self explanatory; if you plead not guilty you are saying you did not commit the criminal offenses alleged and that you wish to have your case heard at trial.

    The Guilty plea is also pretty straight forward.  If you plead guilty, you are stating that you are guilty of the offenses charged; that you do not wish to have your case heard by a judge or jury at trial; and that you are ready to receive your punishment.

    The No Contest or Nolo Contendere plea is where most people get confused.  A No Contest plea is treated the same as a Guilty plea for purposes of sentencing.  In other words, if you plead No Contest, the judge will treat you as if you have pled Guilty.  The only difference is that a No Contest Plea cannot be used against you in a separate proceeding, such as a civil lawsuit based on the same set of facts.  You most often see No Contest pleas when there is an issue of restitution in the case, such as damage to property, payment of medical bills, etc. 

    For example, if someone is charged with Willful Reckless Driving, and there was a car accident that resulted from the alleged criminal conduct, the person is not only facing criminal prosecution for the driving offense, but also potential civil liability from the person(s) who was/were harmed (i.e. the person they hit might sue them for money).  This is where the individual’s criminal defense lawyer will advise their client to plead No Contest instead of Guilty, if a plea agreement is reached.  The reason is that later on if their client is sued by the injured party who was hit during the accident, the injured party will not be able to use the No Contest plea against the individual they are suing for damages.

     

     

  • Semi Truck Accidents in the U.S.

    12/9/20118:18:05 AM Link 0 comments | Add comment

    accident, Accident Injury, attorney, car accident, injury, injury claim, insurance, semi truck accident

     

    Millions of motor vehicle accidents occur every year in the United States.  The majority of those accidents do not involve commercial vehicles or semi trucks.  In fact, only roughly 500,000 accidents involve semi truck trailers.  The problem; however, is that when car accidents do involve a semi truck, or other large commercial vehicle, the accident is extremely more likely to result in serious injury and/or death to one or more of the people involved. 

     

    In information released by the U.S. Department of Transportation, one out of every eight car accident fatalities is the result of a serious trucking accident.  There are roughly 5,000 deaths caused by semi truck accidents every year in the United States.  Tractor trailers weigh in excess of 10,000 lbs resulting in most of the truck accident deaths being the individuals riding in the passenger vehicle. 

     

    We have all experienced driving down the interstate in adverse conditions when a semi truck comes barreling by 10 to 20 miles over the posted speed limit, kicking up snow or spraying water onto your windshield.  Be leery when driving close to a semi truck and do not hesitate to contact authorities if you see a truck clearly being driven in a reckless manner.  You never know who that truck may run into down the road.

     

    If you or a loved one is unfortunate enough to be the victim of a trucking accident, contact a truck accident injury attorney in your city sooner versus later to discuss your options.

     

    Truck Accident Injury Claim Information

     

    Commercial Vehicle Regulations from the DOT Website

     

     

  • Criminal Case Prosecutions in Omaha, Nebraska

    11/21/201110:53:17 AM Link 0 comments | Add comment

    criminal, criminal defense, criminal law, criminal procedure, Douglas County Attorney, Driving Under the Influence, DUI, felony, Omaha City Prosecutor, Prosecution, trial, U.S. Attorney

     

    There are three offices in Omaha that prosecute crimes: (1) The Omaha City Prosecutor's Office; (2) The Douglas County Attorney's Office and (3) The U.S. Attorney's Office.  The Omaha City Prosecutor's Office handles prosecution of all misdemeanor offenses that are committed in Omaha or Douglas County (i.e. DUI's, misdemeanor assaults, traffic offenses, etc.).  The Douglas County Attorney's Office handles the prosecution of all felony offenses that occur within Douglas County, as well as all domestic violence crimes (i.e. murder, robbery, drug possession, felony DUI, domestic assault, etc.).  The U.S. Attorney's Office handles the prosecution of all federal crimes that take place within the District of Nebraska.

     

    Often times, there is an overlap in jurisdiction between the Douglas County Attorney and the U.S. Attorney.  This happens most often in drug trafficking cases.  If you are being prosecuted for a misdemeanor driving under the influence charge or a simple assault and battery in Omaha, Nebraska, you are likely being prosecuted by the City Prosecutor's Office.  If you are charged with a felony offense such as felony driving under the influence, felony theft, drug possession or first degree assault, then you are likely being prosecuted by the Douglas County Attorney's Office.  If your criminal charges involve violation of a federal statute or transporting illegal items across state lines (most often guns or drugs), then you will be dealing with the U.S. Attorney's Office.

     

  • Hot Coffee Documentary Illustrates the Insurance Industries Goal of Limiting Access to the Judicial System

    11/11/20111:43:30 PM Link 0 comments | Add comment

    Accident Injury, claim, injury, injury claim, Personal Injury Lawyer, tort reform, trial

     

    We posted a long time ago in anticipation of this movie.  Now that Hot Coffee has been released and shown to audiences for a number of months, we are again suggesting people take a look at the work that Susan Saladoff and others did in creating a movie that gives a great depiction of what the current landscape of personal injury litigation looks like.  Hot Coffee does a good job of presenting the side of insurance claims and injury lawsuits that is most often not experienced by the general public.  The movie uses the famous McDonald's hot coffee case as a backdrop for further discussion on how the insurance industry and big business lobby and spend enormous amounts of money to sway public opinion in an effort to limit their liability exposure.

     

    http://www.hotcoffeethemovie.com/default.asp

     

  • My medical bills from my accident are piling up. What should I do?

    11/8/20119:29:00 PM Link 0 comments | Add comment

    accident, Accident Injury, attorney, car accident, injury claim, insurance claim, medical bills, Personal Injury Attorney, subrogation

     

    After being injured in a car accident the last thing someone wants to deal with are the hundreds of different bills from medical providers, hospitals, health care providers and collection agencies.  Most people do not realize that more often than not you can negotiate the amounts you pay back for treatment received for injuries that were caused as a result of an accident.  Beyond the fact that many providers will accept lesser amounts when the bill is paid in one lump sum, injured parties are also entitled to other fee reductions as a matter of law.  There are reductions for attorney's fees if you have an injury lawyer handling your case; there are statutory requirements as to the amount that may be collected by a treatment provider when the injured party is covered by health insurance; and there are rules regarding an insurance company's subrogation rights when being reimbursed by their insured.  Receiving medical bills is always a pain, but at least you can take some comfort in that you will likely not be paying the full amount that you have been billed.

     

  • Do I Need a DUI Lawyer for a First Offense DUI in Nebraska?

    10/10/201110:46:13 AM Link 0 comments | Add comment

    ALR, attorney, Criminal Defense Lawyer, diversion, Driving Under the Influence, DUI

     

    It depends.  It depends on the facts surrounding your DUI and the county in which you were arrested.  If you have a typical first offense DUI with no accident and a normal blood alcohol level, it comes down to where you are arrested and how big of a gambler you are.  In most counties, you will receive probation for a first offense DUI unless you have a history of substance abuse or there are bad facts surrounding your arrest.  However, with that said, judges and lawmakers are cracking down more and more each year.  If you want to make sure you receive the best result possible, you are always better off with legal representation.

     

    In Sarpy County, the prosecutor's office typically offers Diversion for first offense DUI's as long as the defendant did not refuse the breath test.  So, if you are arrested for your first DUI in Sarpy County, Nebraska, you likely do not need a lawyer unless you caused an accident or you refused to cooperate with the police during your arrest.

     

    In other counties, including Douglas County (Omaha), Diversion is NOT allowed for any DUI offenses.  If you have been charged with Driving Under the Influence in Omaha, Nebraska, you are better off hiring a lawyer.  As mentioned above, assuming you do not have a history of alcohol abuse, and assuming you did not cause an accident, you will likely receive probation on a first offense DUI.  What a lawyer will do is make sure that you receive the best plea agreement possible and help walk you though the process.  Depending on why your vehicle was stopped and witness cooperation, a DUI attorney can sometimes even negotiate a reduced charge of Reckless Driving.

     

    If you do not have the money to hire your own attorney, request one from the Court.  Driving Under the Influence is a serious offense, and it is best to at least consult with an attorney before entering a guilty plea in a DUI case.

     

     

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