Criminal Law

Although America is typically considered a litigious society, the average person tends not criminal lawto be very knowledgeable about the details of America’s justice system. The legal framework in America is unique when compared to that of other societies, particularly due to the “melting pot” nature of America’s origins. England’s justice system heavily influenced that of the United States, but the French culture in Louisiana also had, and continues to have, an effect in that region as well. One area in which the American system does not differ from other systems is that it is comprised of two major divisions: civil and criminal law.
While the former area focuses on resolving disputes between private parties, the criminal side of the legal system is framed as dealing with wrongs done by an individual or group against society as a whole. In criminal law, the “state” is facing off against the accused, rather than two private parties facing off as in civil law. In the criminal context, punishments are given to those who threaten to, or actually do, harm the well-being of others. The damage may be in terms of physical injury, damage to property, including houses, cars, and money. Philosophers differ on what the proper role of punishment in criminal cases is, but the two most popular justifications are punishing criminals for their acts and sending a message to others not to repeat the conduct.
Punishment does not come without a fair trial, however. In order to prove that one is guilty of a crime, the prosecution must meet a set burden of certainty. This is often referred to as proving responsibility “beyond a reasonable doubt.” The prosecution must demonstrate to the satisfaction of the court that the accused is guilty of the crime accused, which can be difficult if a crime requires several different elements. Elements are sets of facts that comprise the crime, such as a victim dying, a dwelling being entered, or a speed limit being exceeded.

Elements may be mental or physical acts. For example, a crime may require a specific mental state, such as recklessness or knowledge and a physical act, such as using a gun or stealing something. For most crimes, the criminal must have intended to do the act and have done the act successfully for there to be criminal liability.

In the United States, every accused person is given the right to plead his case in the courtroom. Defendants can represent themselves, but a lawyer is recommended. The legal system will appoint a lawyer to those who are too poor to afford one, but only in the criminal law context. Because the field is highly complex, an attorney is a valuable asset.

Chicago Medical Malpractice Lawsuits

In the simplest of terms, when a doctor, nurse or anyone who is involved in the medical care of an individual in Chicago fail to perform their job to an acceptable level or to the best of their ability, they can be found guilty of medical malpractice. Especially when that failure results in further injury or death to the patient.

Illinois procedures for Malpractice Lawsuits

However, in Illinois there are certain procedures that need to be followed in order for an individual to file a medical malpractice lawsuit. An individual must be able to prove that they received some type of medical treatment, either at a Chicago hospital or by someone who is a health care provider. The doctor or any health

medical-malpractice

care provider must have clearly failed in providing the required healthcare. Because of the failure of the healthcare provider an injury either occurred or was made worse, and that the damages have resulted in the patient being in worse condition than they were. These procedures are best explained by a medical malpractice lawyer.

For example, if an individual goes to a doctor and tells the doctor that they are having a problem with pain in their shoulder. The doctor does a series of tests and x-rays of the individual’s shoulder, then recommends surgery. However, during the surgery the doctor does something wrong while operating and the person has problems raising their arm after the surgery, the doctor is liable and can face a medical malpractice lawsuit. In this event you may want to contact Mitchell Sexner here, who is a specialist in Chicago Medical Malpractice lawsuits.

Although it is rare for such things to happen there have been cases when a doctor has left a sponge or medical tool inside the patient. If such a thing happens, it is possible for the patient to suffer more pain and possibly infections and the need to have the surgery a second time to correct the mistake.

Anytime that an individual is subjected to more pain, discomfort or in some case’s death, due to the negligence of a doctor or any health care provider, a medical malpractice lawyer should be consulted about filing a medical malpractice lawsuit.

Considerations to take when filing a Wrongful Death Suit

One of the most traumatic occasions most of us will go through is the event of losing a loved content_marketing_opi_photo484501-16-2013one. And when the death was untimely or unnecessary, it makes matters and emotions even more difficult to grasp. In order to claim a wrongful death, one must prove that a loss of life was caused by negligence—a feat that can be timely and involved. Due to the complexities that often hide in between the fine lines, you must contact a wrongful death attorney that specializes in your type of case to ensure you get the settlement you deserve, and to bring justice into play. Although this time will be emotionally painful and hard, an experienced Personal Injury Attorney, Orange County will be able to fully understand the emotional state you are going through, and will be trained to show compassion and patience in working your case.

Taking the steps

The first step is to file the claim, but first you must need to make sure you meet all the basic requirements. You will need a number of things that include a death certificate from the coroner, evidence or witnesses that will support that another party was fully or partially responsible for the death, and proof that you or others are suffering emotional and/or financial difficulties and trauma as a result from the death. By contacting an experienced lawyer, he/she will be able to determine if you have a case, and if all the materials needed are in order.

Beware of time

Do not let time butcher your case. You need to find out what the regulations are in your state regarding time limits for filing a wrongful death suit. Also, keep in mind that the sooner you take action, the greater the chance that a jury of your peers will recognize how deeply scarred and traumatized you are by the death. Another reason why you need to act promptly is in the event an investigation is required. You want to make sure that an investigation will not infringe upon your window of time that allows you to file. By contacting an aggressive lawyer, you will have legal representation and someone who knows how to speed up a process to ensure your window of time doesn’t slam shut on your fingers.

Finding the right lawyer

Once you have determined that you want to file a wrongful death suit, you will want to hire a lawyer. In an article published by Laws.com, the author offers advice in how to find an effective wrongful death attorney. The article states that before beginning the search, you must first review your case and understand the intricacies surrounding the death and the liability issues present.  The author continues to write that once you have a grasp for the variables and particulars that frame your case, search the Internet for Wrongful Death Lawyers in your area. Use GOOGLE to locate the individuals and perform appropriate due diligence thereafter. The article also reminds readers that all wrongful death lawyers who passed the state’s Bar Exam are grouped into a public database that is made available for viewing.

Let the lawyer take it from here

The law is complex, and it has loopholes that defendants can easily slip through unless an experienced, aggressive lawyer is there to close those holes and bring justice to the one who has suffered. Be sure to do your research in finding the right attorney, as it will pay off financially and emotionally.

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