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How can our attorneys assist with your car accident claim?

If you have been in a car accident, you and your loved ones may be overwhelmed by the physical injuries, emotional trauma, and financial difficulties you may be facing. You may be considering filing a claim against the parties responsible for your injuries, but may not be sure where to start. Fortunately, the attorneys of Curd, Galindo & Smith L.L.P. are available to help you every step of the way.

Do I have a case against the police based on "excessive force?"

Police officers have a difficult job to do, particularly when they have to deal with a person who is violent, uncontrollable or otherwise reluctant to follow orders. However, some police officers go too far and use excessive force to diffuse an incident or protect themselves. If a police officer has used excessive force, they may have violated the Fourth Amendment under the Constitution and may be guilty of police misconduct.

Generally, California police officers are allowed to use force to diffuse a situation or protect themselves and others from harm. But, they are only permitted to use the minimum amount of force necessary in those circumstances. Police officers should start out by using their presence and non-threatening words and orders towards the alleged perpetrator.

Starting a sole proprietorship - what to expect

Starting a business is a complicated process with a lot of moving parts, particularly in the early stages. One of the first decisions you will need to make is deciding on the type of structure that will be used for your business. Deciding on a business structure requires careful evaluation of the needs of your business and the advantages and disadvantages of each type of structure.

Many experts advise starting a sole proprietorship, as it is one of the easiest to start and can be very beneficial to new business owners. If a business is a sole proprietorship, it generally means that it only has one owner. Unlike other business structures, sole proprietorships do not need to be registered with the state, and therefore, you won't be required to do much paperwork to get it started. Once you have acquired all the necessary business licenses and permits required for your business, starting a sole proprietorship is as simple as deciding on an appropriate name for your business. If you choose to start a sole proprietorship, any profit you earn from your business will be treated as your personal income, and will need to be reported as such on your individual tax return.

Seek timely medical care after a car crash

Any car crash – even a low-speed fender-bender, can cause injuries. In the immediate aftermath, you may be dazed or running on adrenaline. You may not think you have suffered any ill effects, when in fact you have sustained an injury.

Seeking prompt medical care is essential not only for your well-being, but also for any subsequent personal injury case. The insurance company will focus on the medical report when you file a claim for compensation. Why did you wait so long to seek treatment? Are you exaggerating your injuries?

Immunity defense common in police misconduct claims

When a police officer acts violently or otherwise inappropriately toward a member of the community, they may have violated their duties as an officer as well as the Constitutional rights of the victim. If you have been mistreated by a police officer, you have every right to bring a legal claim against that officer and the government entity that employs the officer.

However, if you decide to file a police misconduct claim, you will come up against the defense of immunity. Under the legal doctrine of governmental immunity, the government is protected from being sued without permission. Officers are legally allowed to stop and question you, as long as they are acting reasonably.

Defending against assault and battery charges with self-defense

Being charged with a violent crime can have result in severe legal consequences and significantly impact your personal life for years to come. If you are facing assault and battery charges, a criminal defense attorney can help you defend against these charges and avoid serious penalties.

The prosecutor working your criminal case is required to prove your guilt beyond a reasonable doubt. This means that you will not only need to assert defenses, but also poke holes in the prosecutor's arguments. If you do this successfully, the prosecutor will not have enough evidence to prove that you committed the crime beyond a reasonable doubt, and as a result, your charges will be dropped entirely or reduced.

Coming to grips with a Chapter 11 bankruptcy

Filing a Chapter 7 or Chapter 11 bankruptcy for a failing enterprise is not merely a “business decision.” It’s also an emotional decision with real ramifications for you and the people who work for you.

After all, you may have put years into building your business, and to you it is a living, breathing thing. However, if the company is beyond rescue, filing for bankruptcy may be the best solution, though you may not see the upside at first.

California is one step closer to restricting felony murder

Under our state's felony murder rule, one does not have to actually kill someone to be held liable as the killer. If accused of being involved in a serious felony that results in death, there is a possibility of a murder conviction, even if one did not lay a hand on the victim. As such, criminal charges of this nature require a strong criminal defense strategy.

For example, this law significantly affected the life of a teenager who broke into an elderly neighbor's house with three other teenagers in 2004. The teen was guarding the back door. When he went inside to steel candy, he saw that the homeowner was severely hurt and ran outside. Even though there was no evidence that he touched the homeowner, he was convicted of first-degree murder and is now serving 25-to-life in prison.

Bicyclists often injured in California motor vehicle accidents

Many of us like to ride their bikes in the summer to enjoy the beautiful weather and get some exercise. However, bicyclists in Riverside and surrounding areas need to be especially careful. The Riverside Police Department found that in 2016, more than 4 percent of traffic fatalities in the area were bicyclists. This is higher than the national average, which is over 2 percent.

Bicyclists generally must follow all traffic laws and generally follow the same rules as motorists. If there is a bike lane, bicyclists are required to use it unless they are passing, turning left or avoiding a hazard.

California Supreme Court Overturns 150 Year Old Law

Curd, Galindo & Smith attorneys won landmark victory

The firm of Curd, Galindo & Smith, LLP, represented the plaintiffs in a California Supreme Court case that overturned a state law which dates to 1865. The dental malpractice lawsuit at the heart of case will now go back to the trial court, giving the injured parties a second chance at justice. The ruling also gives hope to future plaintiffs in similar situations who were barred under the old law from recovering personal injury damages.

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