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Being in a place where a language you are used to is not spoken can make you feel isolated. However, even if you do not speak English, just know that you are not alone when you are involved in an accident.
Regardless of your current immigration status, you have the same rights as anyone else. Your status is not a factor in personal injury cases. Our attorneys are here to protect you and ensure that your rights are protected.
From there, your attorney will move into a “discovery” phase where he or she will gather all the necessary information from all parties involved to reach a settlement before a trial or go to trial in civil court.
The session will be arranged by a mediator, a neutral third party who helps guide the negotiations and settlement between the two parties. He or she cannot force anyone to do anything they do not want to do to reach a settlement before proceeding to trial.
Both parties must be present with their respective attorneys and it can take anywhere from a couple of hours to a full day to try to reach a settlement. If all else fails, then the case must be resolved in civil court.
Many times, when a worker is injured, he or she files a claim for benefits. However, insurers or employers sometimes seek to deny coverage or minimize the injuries. They may claim that the worker was injured off the job or that the injuries are not as serious as the worker claims.
Depending on the nature of the injury, it could force the employee to miss work for a significant amount of time. When this happens, it can cause many financial complications for the victim due to their inability to work and be able to pay for necessities and/or hospital bills.
The problem is that once you have signed up for workers’ compensation, you sign away your rights to sue the employer and in many cases, the amount you receive for your disability may not be enough to cover your bills.
While workers’ compensation is the easy way out for employers not to be held liable when their employees suffer an injury, there are ways to still be able to take them to civil court.
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You have the right to remain silent and may not be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if you are asked to identify yourself.
You are not required to give permission to be searched on your person or your belongings, but the police may search your clothing if they suspect you have a weapon. You should not physically resist, but you have the right to refuse permission for further searches. If you consent, this may harm you later in a court of law.
If a police or immigration agent asks to search the inside of your car, you may refuse permission. However, if the police believe your car contains evidence of a crime, they can search it without your permission.
Both drivers and passengers have the right to remain silent. If you are a passenger, you may ask if you are free to leave. If the officer says yes, remain seated quietly or leave calmly. Even if the officer says no, you have the right to remain silent.
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Although sexual abuse may be criminally punishable and punishable by prison time, this will not help the victim of abuse. Individuals who have suffered sexual abuse have the right to file civil charges against their perpetrator completely independent of criminal charges. At Smith Mohlman Injury Law, LLC, our compassionate staff of Kansas City personal injury attorneys will hold your perpetrator accountable for the injuries and mental anguish you suffered and ensure that you receive just compensation for your suffering.
In a criminal sexual abuse prosecution, the prosecutor must provide evidence that the crime was committed beyond a reasonable doubt. This is a high evidentiary burden. If successfully prosecuted, the defendant will be convicted and punished. These penalties may include fines, imprisonment and registration as a sex offender.
There may also be the opportunity to pursue a claim against a third party who bore some of the responsibility for the abuse, such as a hotel or nightclub that did not have proper security or an employer who failed to properly screen employees. An experienced Kansas City sexual abuse attorney will look at all of the factors surrounding the case and help determine the best way to proceed with a lawsuit.