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Denver Legal Malpractice Blog

Hit by a hit-and-run driver? You have a right to a claim

After you're involved in a crash, you stay at the scene to call for help. When you look up to get the information you need from the other driver, all you see is the tail-end of his vehicle as he flees.

The driver leaving the accident is a hit-and-run driver. Leaving the scene of an accident is a terrible idea except for in very few situations, like when the scene itself is hazardous. Even then, the individuals involved in the crash have to stay close by.

Excessive force and your rights after a police interaction

When you are stopped for a traffic crime or approached by a police officer for a crime of another type, the last thing that should happen is for the officer to use excessive force. There are times when force is necessary, but many times it is not.

If you are victimized by police during an arrest or traffic stop, it's important that you reach out to your attorney. He or she can help you fight back against the use of excessive force and make sure you're compensated for the treatment you received.

You can get help after a rear-end collision

You stopped at a red light. The intersection ahead of you is clear, and you're waiting patiently for your light to turn green. Suddenly, you hear screeching tires. The car coming up behind you is approaching quickly; it's moving too fast to stop.

Just like that, you've become a victim of a rear-end collision. You may not feel that you were seriously injured, but that doesn't matter right now. It's of the utmost importance that you take steps to seek medical treatment and to talk to the other driver if you are able.

What teens should be mindful of during graduation season

As the calendar turns to May, graduation season has arrived and is probably the most exciting time of a teen’s life. They are excited about leaving high school and embarking on a new part of their lives. To that end, teens want to celebrate and party.  The downside of these times is that May and June can be very dangerous for young drivers.

The Centers for Disease Control and Prevention notes that car accidents are the leading cause of death for young people aged 15 to 20. Because of this, young drivers should heed the following recommendations when celebrating their graduations. 

3 types of legal malpractice to recognize

The last thing anyone wants to find out is that he or she could have won a case if only his or her attorney had more education or had paid more attention. There are times when attorneys don't hold up their end of arrangements, and in those cases, those who are affected have the right to pursue a legal malpractice lawsuit.

There are many kinds of legal malpractice. Some include failing to get a client's consent or fraud. Here are three types you should be able to recognize.

Do you have a right to appeal a conviction?

After you go through a trial for a criminal act, you may be found guilty. That doesn't have to be the end of your case, though. If the case has been unfair or you believe another court may come to a different conclusion, then you may wish to pursue an appeal. You have a right to appeal any conviction and the sentencing received.

It's common for people to seek appeals if they are convicted in court. What is not normal is if the prosecution tries to have your case retried. In fact, if you are acquitted or found not guilty at trial, the prosecution is unable to appeal that verdict as long as there is no new evidence against you. If a retrial does take place, your attorney can help you by pointing out that it is double jeopardy, which is prohibited by the U.S. Constitution. There are times when a prosecutor can appeal parts of a case, though, like if a judge orders to suppress evidence.

You deserve compensation after a hit-and-run crash

You were making a quick stop at a local gas station when a driver pulled in and hit your car. Your airbags went off, and you hit your head. You look up to see that the driver is backing up, and you assume he or she is planning to park.

Suddenly, the driver speeds away. You're in shock, so you call for help. You've just become a victim of a hit-and-run collision.

A plea deal may be in your favor

If you've been facing charges for a criminal act, you may already be aware of the potential for a plea bargain. A plea bargain can help you receive a less-severe penalty or, at the very least, know what to expect as a punishment if you take the plea deal.

There are dozens of reasons to consider a plea deal, but it's a good idea to think about why the prosecution offers them before you take one. Prosecutors offer plea deals as a way to cut down on the length of a case. They offer pleas to lower court costs and the burden on the court system. The plea may help the prosecution get information it needs on another party or be an exchange for other assets or information.

Legal Malpractice: Breach of Fiduciary Duty

When you retain an attorney, that attorney has a fiduciary duty to you. This means that the attorney has an obligation to act in your best interest. However, the fiduciary - the attorney in the case of legal malpractice - has to knowingly accept the duty to act with discretion in his or her expertise, on your behalf. When you sign a retainer agreement, the attorney has created a fiduciary duty to you.

What makes summer driving dangerous?

The summer is approaching quickly, and that means that more people will be on the roads. Colorado has much to do and see, so it's not surprising that people want to come here for vacations or to visit family and friends.

In the summer, there are a number of dangers that threaten drivers. What makes it so dangerous? People driving who don't know the area, for one. Another reason that summer is dangerous is the additional congestion on the roads. While some people work, a large number of teens and children are out of school, and parents and teens often spend more time on the roads.

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