January 2018

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When a Wrongful Death Suit Follows a Manslaughter Charge

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It is common for the family of a loved one to bring forth a wrongful death suit in the event that a person is convicted of manslaughter. Wrongful death claims are a type of civil suit that can be filed if someone’s death was the result of another person’s negligence. In most cases, once the defendant is found guilty in a criminal court, the family of the victim will bring forth a wrongful death suit.

 

Contact an Attorney

When a loved one passes away due to someone’s negligent actions, you will likely want justice. A personal injury attorney can help carry this out. An attorney will be especially beneficial in managing your wrongful death case because they can be challenging to win and come with many complexities. An attorney can help you to navigate the legal system when enduring the extensive amount of preparation that is required for a wrongful death claim.

 

Suing for Wrongful Death after a Manslaughter Conviction

When a person is convicted of manslaughter, a civil suit for wrongful death can be brought forth. Because wrongful death is civil court and manslaughter is criminal, it is not considered “double jeopardy” which protects someone from being tried for the same crime more than once.

  • Manslaughter Charges: These charges are brought to criminal court by a prosecutor when they are charging someone with intentionally or unintentionally killing someone. Jail time could be the consequence to a conviction.
  • Wrongful Death Claim: If a defendant is found guilty of another’s death in a wrongful death claim, they will not be punished punitively with jail time. In a wrongful death suit, the family of the person who has passed away can sue the defendant for damages.

 

Financial Compensation

There are a few types of financial compensation that may be requested by the family depending on the circumstances surrounding the passing of a loved one.

 

  • Compensatory Damages: are monies that are needed in order for the plaintiff to recoup any financial losses they have suffered as the result of their loved one’s wrongful death. This can include expenses such as:
    • Lost wages from the victim
    • Medical expenses
    • Funeral expenses
    • Mental health treatment expenses that may be needed to help you or loved ones cope with the victim’s death
  • Punitive Damages: Are in addition to compensatory damages and are awarded to the claimant to punish the defendant for their wrong-doing.
    • Punitive damages are fairly common
    • They are designed to punish the defendant financially for killing another person.

 

It will be important to have your case assessed by a personal injury attorney who has experience in wrongful death such as the wrongful death lawyer Phoenix, AZ locals turn to. This often will come at no risk to you financially, considering it is common practice for attorneys to provide their first consultation free of charge. You may be entitled to a settlement if your loved one died due to someone’s negligent actions.


Thanks to authors at Kamper Estrada LLC for their insight into Personal Injury Law.

 

BACKGROUND CHECK? KNOW YOUR RIGHTS.

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If you’ve been the subject of a background check, know that the employer requesting the check must follow certain steps before taking an adverse action against you based on your report.  With some exceptions, the Fair Credit Reporting Act (FCRA) dictates what employers must do to legally conduct a background check on you, or to fire or to decline to hire you based on information in your background report.

BEFORE CONDUCTING A BACKGROUND CHECK

To legally obtain a background check, an employer must get your consent. The employer must also clearly and conspicuously disclose any intention to obtain an investigative consumer report (i.e., a report about your character, reputation, personal characteristics or lifestyle) and must inform you of your right to know the nature and scope of such a report.  In either case, the employer’s request for authorization must be in writing and separate from any other documents (with the exception of the background check authorization itself). Further, the employer must inform you that the information obtained may be used to make employment decisions about you.

Before conducting a background check, the employer must also provide you with documentation about your rights under the FCRA. Next, the employer must certify to the reporting agency that they complied with FCRA requirements related to disclosure and authorization and that the information will not be used for illegal discrimination. If the background check will include medical information (worker’s compensation history, for example), the information requested must be relevant, and the employer is bound by strict non-disclosure requirements.

BEFORE TAKING ADVERSE ACTION BASED ON BACKGROUND REPORT

Before taking any adverse action against you based on information in your background report, the employer must provide you with a notice of the adverse action, a copy of the background report, and a summary of your rights under FCRA, along with sufficient time for you to review and dispute the reported information. If the employer skips the steps required by FCRA, you should talk with an attorney, like discrimination lawyer trusts, to determine whether your rights have been violated.

AFTER TAKING ADVERSE ACTION BASED ON BACKGROUND REPORT

After an employer takes an adverse action against you as a result of your background report, the employer must provide you with contact information for the reporting agency, including name, address, and phone number. The employer must make it clear that the reporting agency is not responsible for the adverse action and is not in possession of any information about why the adverse action was taken. The employer must also inform you of your right to obtain the information reported if you request it from the reporting agency within 60 days. Finally, the employer must inform you about your right to dispute any inaccurate or incomplete information with the reporting agency. If the employer skips any of these steps after taking an adverse action against you, you should consult with an attorney who has experience with FCRA claims and Federal Trade Commission complaints.

Can a Public Relations Firm Help my Criminal Case?

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Being in the public eye for a criminal act is usually the last way that a person to gain their 15 minutes of fame. If you are charged with a crime, you are probably working with a defense attorney for legal representation. Public relations can be a way to compliment the representation that you are receiving. Many attorneys look to a PR firm trusts to manage the information being covered by media so that they can focus on the legalities of the case. It is not uncommon for a publicist to play an active role in a criminal case by partnering with the defendant and attorney.

Public Relations

Public relations and high profile legal cases often go hand in hand. This is a primary reason for law firms to employ a public relations firm to help manage the public’s perception of a case. Some law firms may even employ an in-house publicist for this very reason. Without someone to manage media outlets during a court case, the coverage may take a direction that is unmanageable and unhelpful for the defense. The media can have a great influence on the outcome of a legal case; and can paint a picture of a person who is guilty without having all of the information. While an attorney may be good at managing legal complexities, PR may not be their area of expertise. A PR firm can help take back control of the dialogue happening in the media.  

The Impact of Media Coverage

Cases that involve someone who is famous or sparks interest among the public usually garner vast amounts of media coverage. Through social media, a case can quickly receive national attention. Often, the media will develop a biased perspective of a person who is charged with a crime. Nowadays, information is readily available to the public within seconds.  A PR firm will be vital in providing a quick response media outlets.

High Profile Cases

There are various reasons for a criminal case to be covered by the media. There are a number of cases that have gained attention because they are more than just a criminal case; they result in the occurrence of a social cause. There are a number of criminal cases that have brought forth social movements and even shifted the law. Examples of high profile criminal cases include:

  • The OJ Simpson Trial
  • The Rodney King Beating
  • Scott Peterson Trial
  • Casey Anthony Trial

There will be much in question if you have been charged with a crime and must endure legal proceedings. It’s likely that you will be worried about serving time for the crime you have been accused of. Contending with the media if your case is in the public eye will only add to the stressors you are likely experiencing. With a publicist as part of your legal team, you can be assured that a professional with experience is managing your case in the media so that your attorney can manage your case in the courtroom.