At the offices of William Rawlings & Associates, LLC, one of the areas we’re most proud of is our wrongful death services. We have a fantastic 98 percent success rate in getting surviving victims their maximum compensation, and you can rest assured knowing you have a wrongful death attorney fighting for you.
We regularly see bits of confusion from clients when it comes to the details of a wrongful death case. Many simply assume that, like homicide or manslaughter, it’s a criminal charge tried through the criminal court system – in reality, this is not the case. Wrongful death is part of the civil tort system. What does that mean, and what are some of the important differences?
The biggest up-front difference between wrongful death and a homicide case is who files the charges. Criminal acts like murder, manslaughter and other homicides are brought by a prosecutor, then tried by a criminal court system at this prosecutor’s behest (barring a settlement, that is).
On the flip side, wrongful death cases are brought voluntarily by a plaintiff. These are most commonly surviving family members of the deceased looking to get due compensation for the death.
The different court systems these areas are tried in come with very different levels of evidence required. Criminal cases require proof “beyond a reasonable doubt” – this is a high burden of proof that allows for no doubt left in the mind of a jury. Attorneys in this realm use evidence and witnesses to attempt to make this case to the jury.
With a civil case, though, the bar for proof is lower. The plaintiff’s goal is to prove that the defendant is liable based on a “preponderance of evidence,” which simply means that most evidence must point to the defendant being responsible for causing an avoidable death.
Due to these differing levels of proof, wrongful death cases are more likely to succeed than homicide cases. Some families who don’t get the verdict they want through the criminal justice system will find it later through a wrongful death case.
Another big difference between wrongful death cases and homicides or other criminal charges is the statute of limitations. With very few exceptions, major crimes like murder or homicide have no statute of limitations – they can be investigated and tried at any point in time, regardless of how long ago the event took place.
Wrongful death cases, though, often do have a statute of limitations. In Utah, this statute requires that wrongful death claims be filed within two years of the death, or within one year if the claim is being filed against any government entity.
For more on wrongful death cases versus homicides and other criminal charges, or to learn about any of our personal injury attorney services, speak to the pros at the offices of William Rawlings & Associates, LLC today.
A staggering and unfortunate number of auto accident cases and deaths every year are caused by impaired or drunk drivers. Despite major efforts from major organizations to curb this issue, it still remains a large one on roads across the country.
At the offices of William Rawlings & Associates, LLC, we’re here to help if you’re ever part of a car accident caused by a drunk driver, and particularly if you’ve sustained injury. The best way to avoid this kind of emotional and physical pain, though, is to avoid the drunk driver altogether. With that in mind, here are some common signs to look out for that might signal an impaired driver on the road with you, plus how to react if you notice these signs.
We can’t always physically see someone consuming alcohol and then getting in the car to drive, so we often have to base this on driving and behavior. Here are some signs that a person might be intoxicated behind the wheel (these are the kinds of signals police and other law enforcement agents look out for):
Even if you aren’t 100 percent sure that the above signs signal a drunk driver on the road with you, they clearly signal an unsafe driver. So how should you respond if you see them?
The first and most important response is staying clear – behind the erratic vehicle. Don’t try to pass them or interfere in any way. If you’re able to obtain their car info, such as make and model or license plate, take this information and then alert police from a safe and stopped location (unless you have a passenger with you in the car who can call while you drive).
In the rare case that you’re part of an accident or injured in any way by a suspected drunk driver, do whatever is in your power to collect all possible documentation. You likely have the right to sue the negligent driver. Once you’ve contacted the proper authorities and received attention for any injuries, contact our offices right away to learn about how our personal injury attorney can help.
For more on spotting a drunk driver, or for any of our personal injury, wrongful death or auto accident attorney services, speak to the staff at the offices of William Rawlings & Associates today.
At the offices of William Rawlings & Associates, LLC, we’re proud to offer top motorcycle accident injury attorney services to those in need. Motorcycle riders are eight times more likely to be injured in an accident than a rider in a car, and we’re here to protect your interests if this happens due to a fault outside your own.
That said, our preference would obviously be that all motorcycle drivers be able to use the road in safety. With that in mind, here are a few of the most common causes of motorcycle accidents, plus how to avoid them while you’re on the road.
One of the first things to think about as a motorcyclist is various hazards on the road, including loose gravel, oil slicks, potholes and other obstacles you often have no control over. For starters, having good tires with a strong grip will be important for these looser areas. You should also watch your speeds and even consider avoiding major hazards if they look like a bit too much for your machine. Be sure you can see ahead of you and slow down in time if needed.
Encompassing about 25 percent of all motorcycle accidents is the following scenario: You’re on your bike driving straight, while a motorist in a car making a left turn onto your road (in the opposite direction you’re moving, usually) doesn’t see you and attempts to make the turn in your way.
This is an unfortunate situation that might leave you with a claim for damages from this driver. But to help avoid these issues altogether, consider more careful monitoring at intersections or areas where such turns are possible and vision might be imperfect for vehicles.
Over a third of all motorcycle accidents involve alcohol, which impairs the reflexes and vision alike. Reaction time is huge when riding a motorcycle or driving a car. Simply put, never drink and drive any machine.
Slicker roads can be tough for both car and motorcycle drivers, particularly in terms of how these vehicles handle. Heavy rain or fog can also come with major vision effects, so make sure you keep lights on and slow down during storms to ensure a bit more safety for everyone.
For more on the common causes of motorcycle accidents, or to speak to a motorcycle accident injury lawyer about whether you have a case from a motorcycle incident, contact the offices of William Rawlings & Associates, LLC today.
If you’re bitten by a dog that isn’t yours, you could be entitled to significant damages and compensation for your injuries and hardship. At the offices of William Rawlings & Associates, LLC, we have years of experience providing dog bite attorney services to clients in need.
We can walk you through every step of a process you need to navigate carefully to ensure you receive what you deserve. Let’s go over some of the important steps of the insurance claims adjustment process some of our clients tend to struggle with, plus how to handle them properly.
In most dog bite situations, claims will be filed against the homeowner’s insurance policy of the owner of the dog. From here, this insurance company will likely call you – the person making this call is called a claims adjuster.
During this phone call, you will not be asked to negotiate a settlement – that should never be an option without your dog bite lawyer also present. Rather, this call is to gather basic facts about the incident and prepare the claim for the next steps.
During this call, you’ll be given the option to record a statement about the incident where the adjuster asks you questions. Firstly, know this: If you don’t feel you’re ready to do this for whatever reason, you’re within your rights to delay this statement. Your attorney or significant other can pass on the message that you need more time before giving an official statement if you aren’t able to do so. Remember that this statement is binding in court, so you should be fully prepared when you give it.
Questions during this adjuster call may become relatively personal, and it’s even possible the process could be contentious to some small degree. No matter what, you have to stay professional and smart – we’ve seen cases where frustration or simple misunderstanding has led to a victim misunderstanding and actually proposing illegal or unethical solutions to the adjuster, thereby damaging their case. Your dog bite attorney can explain areas you should avoid or be careful in before your call.
Never embellish even tiny details of your case during the adjustment process. If anyone finds out, not only could your claim be in trouble, but you could face legal action for filing a false claim. If you truly were harmed outside your own fault in a dog bite case, the real facts will be enough to get you the proper compensation.
For more on the claims adjuster period within dog bite cases, or to learn about any of our personal injury services, speak to the pros at the offices of William Rawlings & Associates, LLC.
On June 30, 2018, William Rawlings and Associates participated in the 5th Annual Charity Golf Tournament for the Children's Tumor Foundation, an organization focused on researching treatments for Neurofibromatosis. The most common form of Neurofibromatosis occurs in one of every 3,000 people and causes tumors to grow on nerves throughout the body. The effects of this may include blindness, bone abnormalities, cancer, deafness, disfigurement, learning disabilities, and disabling pain. The Children's Tumor Foundation provides funding for clinical trials to develop medications to help those affected by this genetic disorder.
We at William Rawlings and Associates were happy to have been a part of this event and to have met the wonderful family behind it. It was inspirational to see so many members of our community supporting the Children's Tumor Foundation and its excellent work. We look forward to seeing everyone next year!
If you’re in a car or motorcycle accident, you could be entitled to compensation for injuries and other damages depending on the fault of the accident. If you think you might be entitled to such compensation, how you react in the hours, days and weeks after the accident can play a big role in whether you receive what you’re owed.
At the offices of William Rawlings& Associates, LLC, we can help. With an experienced car accident injury attorney at your side, you can navigate all the areas of this process. Here are some common mistakes we see people make after an accident, plus how to avoid these.
The period directly following the accident are some of the most important for your case, and if you’re physically and mentally capable, you need to be as alert as possible. For starters, never leave the scene too quickly – you need time to get all the proper documentation, pictures, witness statements and police documents. On top of this, even if you weren’t at fault in the accident, it’s possible to be charged with a hit-and-run if you leave too quickly.
Another important area here: Seeking immediate medical attention, no matter how major or minor your injuries might be. Some car accident injuries don’t show symptoms for a while, and seeing a doctor also provides documentation.
Down these lines, it’s important to keep track of everything you can in written form. Police reports, medical invoices, lost wage records, drug receipts and any communication with insurance companies should be kept, as should pictures of the scene. If you deal with significant pain in the days and weeks following the accident, document this as well.
Oftentimes, you’ll be presented an initial offer from the defendant or their insurance company where they press you to simply get things over with and accept immediately. Except in rare cases, you shouldn’t accept this – first offers are usually far too low, designed to get you to go away. Our attorneys can usually get you far more.
Maybe the biggest mistake of all? Not hiring a personal injury attorney to attend to your case. Our lawyers have years of experience and have seen every possible trick insurance companies might try to throw at you – we can get you your just compensation no matter what.
For more on the common mistakes in a car accident situation, or to learn about any of our personal injury services, speak to the attorneys at the offices of William Rawlings & Associates, LLC today.
Many of us have used Uber or some other rideshare company. Did you consider who would be responsible if you are in an accident? Uber claims to require all of their drivers to carry their own personal car insurance. Uber also provides supplemental insurance coverage if the driver is actively seeking passengers.
William Rawlings & Associates your Salt Lake City auto accident lawyers giving back to the community. Our Practice Manager, Jillian Gallard participated in a Golf Tournament to raise money and awareness for NF.
William Rawlings & Associates works diligently to help car accident victims and their families. As your auto accident lawyers we strive for great customer service regarding your auto and truck accident case. We also make sure we give back to our communities. How do we do this? We take part in Fundraising events.
Some of the most dangerous vehicular crashes include rollover accidents. The fatality rate for rollover accidents is the highest with over 10,000 deaths every year. A rollover accident is the one in which a vehicle turns upside down on its roof or either of the two sides. The causes of rollover accidents vary depending upon various factors including composition of vehicles. Vehicles that are more likely to undergo a rollover accident are Sport Utility Vehicles and Light Weight Trucks. Because of a higher center of gravity, these vehicles are more susceptible to rollovers.