Prior to 2017, a person facing a charge for DWI was looking at having a permanent conviction on their record for life, as a DWI lawyer Arlington, TX trusts can attest. The law, as written, dictates that a person with a DWI charge is not eligible to receive deferred adjudication probation. Deferred adjudication allows a person to avoid a final conviction and allows for an order of non-disclosure. An order of non-disclosure is a civil petition requesting the Court to make a criminal record unavailable for viewing by private entities. This means that your employer would not be able to see that you were arrested or placed on probation. They wouldn’t be able to see anything at all, unless your employer is law enforcement or associated with the government. A good rule of thumb when thinking about orders of non-disclosure is that if an entity has “State of” in front of its name it would still be able to see the charge on your record even after an order of non-disclosure. An important thing to note is that all that can be seen is that the person was placed on deferred adjudication probation. Your record will never show that you received a conviction for that offense.         

Deferred adjudication is a very attractive solution especially to those who are entering the criminal justice system for the first time. However, those facing a DWI charge did not have this option prior to 2017. The Texas Legislature and Governor Abbott thought that a solution should be presented to those who are facing a charge for a first DWI. The criminal justice system sees so many DWIs affecting good people so the Texas Legislature wanted to be able to help those people. A solution was needed in order to prevent these convictions from becoming a part of someone’s permanent record. In 2017, the law changed allowing for a first DWI conviction to become eligible for an order of non-disclosure. A person will still have a conviction, but this conviction will not be seen by many employers when they run a formal background check. Although you still can’t receive deferred adjudication for DWI, you can now get the same result of not allowing an employer to see your past with the new change in the law. There are a few specific conditions that have to be met in order to qualify, but this is solution allows for a person charged with a DWI to have hope and know that their record will not be permanently marred by a criminal conviction.

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Thanks to our friends and contributors from Brandy Austin Law Firm, PLLC for their insight into DWI law.

If you or someone you love have been in an accident that was caused by a drunk driver, it will be vital that you work with a personal injury attorney. It is likely that seeking the assistance of an experienced attorney can be helpful in determining the best way to take legal action. Your attorney may be able to help you to prove that the person who caused the accident was negligent. It is important to note that when a drunk driver causes an accident they are almost always the one responsible.

Negligence

Negligence is the result of a person’s actions and their disregard to act in a responsible manner. Lawsuits involving negligence are one of the most common forms of personal injury lawsuits. When a person behaves in a negligent manner, they have put another person at risk. There are two primary types of negligence:

• Gross Negligence: This is when a person acts in a way that is incredibly reckless and intentionally puts another person at risk of being harmed. The biggest difference between this and negligence is that a defendant may be required to pay punitive damages.
• Comparative Negligence: Is a less severe form of negligence, in some cases a person may only be held partially responsible for the accident. In comparative negligence situations, both parties can be held responsible in some way. In situations where the person accused of negligence is only held partially responsible for the accident, they may not have to pay damages to the plaintiff.

The Aftermath of a Drunk Driving Accident

In the blink of an eye, your whole life can change. When it’s the result of another person’s bad decisions or recklessness, the process can be incredibly overwhelming. It can take time to heal from a drunk driving accident. In some of the worst accidents, you could be left with permanent disabilities or worse; you could lose a loved one in the accident. The following are some of the ways that a person could be impacted from an accident involving a drunk driver:

• You could experience serious physical injuries. Depending on the severity of the accident, you may sustain injuries that are severe. Common injuries from car accidents include:
  
  • Brain Injuries
  • Neck and spinal injuries
  • Leg Injuries
  • Internal Injuries of the kidneys and liver
  • Broken Bones

• When a person continues to relive the trauma of the accident, they are likely to be suffering from Post Traumatic Stress Disorder (PTSD). It can be difficult to put the accident behind you. PTSD can happen when you are reminded of the accident or anytime you get in the car to go somewhere. It may cause you to have trouble sleeping or to avoid things that may remind you of the accident.
• You may go through a grieving process, especially if the accident was horrific enough to result in someone’s death.

Although it can be difficult to face, retaining the services of a personal injury lawyer Harrisonburg VA residents trust can be useful in obtaining the financial compensation you are entitled to. For a number of victims who have suffered injuries, the financial impact of an accident can be devastating, especially if you have medical bills.

The trauma from being hit by a drunk driver can run deep. If you were severely injured from the accident, you could have a long road of recovery ahead. It can feel overwhelming to consider filing a lawsuit when you are still healing from both the physical and emotional trauma caused by the accident. An attorney can help in not only ensuring paperwork is filed within the proper time frames; they can also negotiate with insurance companies and develop a legal strategy should your case go to trial.

 

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Thank you to our contributors at the MartinWren, P.C. for the above information.

A DUI charge can be one of the biggest regrets a person may have in their lifetime. This is especially the case in the event that you are convicted of a DUI. Unfortunately, the consequences of a DUI can follow you for many years to come and can impact your insurance premiums, your ability to gain employment, and your pocketbook as you will have to pay court and attorney fees What can be even more frustrating to come to terms with is that there are a variety of ways that a DUI can be avoided all together. It can be difficult to plan alternative options to driving after having too much to drink. By having a plan, you can ensure that you do not attempt to drive after a night of drinking. If you have been charged with a DUI, an attorney can surely help you work through the court system as quickly as possible so that you are able to move forward in the process quickly.

Making Good Choices

When you are under the influence, your inhibitions will be lowered, making it difficult make responsible decisions. As a result, you could get behind the wheel of a vehicle after having too much to drink. The damages of this could be far worse than a simple DUI charge. Getting behind the wheel of a car can have a disastrous impact on not only yourself, but also others in the car or on the road if you are in an accident. That’s why having a plan for how you will get home if after having too much to drink can be beneficial for ensuring that you do not drive. Here are some alternative plans you can make so that you do not put yourself at risk for a DUI:

• If you are out drinking, identify a person in your party as the designated driver. This person will abstain from drinking in order to get passengers home safely. You will want to make sure that this person is someone that you can trust to hold this responsibility.
• Making arrangements to sleep at a friend’s house or stay in a hotel can prove beneficial because you will be able to enjoy your evening without worrying about how you will get home.
• Take alternative methods of transportation such as an Uber, taxi, bus system or walking. Depending on where you live, this can be costly, however, it will never be as costly as a DUI charge can be.         

By having a plan in place, you could avoid a DUI altogether. Although some options could seem like more of a hassle, in doing so you can prevent bigger problems down the road.

Despite your best efforts to make good decisions, it is only human to have a lapse in judgment from time to time. Although it can be difficult to come to terms with a DUI charge, your DWI attorney MD residents trust can help you get through this process smoothly. They will be able to review your case and prepare you for the legal process that is soon to follow. They can help put your mind at ease when considering the possible consequences of a conviction.

 

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Thank you to our contributors at the law firm of Frederick J. Brynn, P.C. for the above information.

Drug and alcohol addiction is a costly disease that can not only have negative consequences on your life from a legal perspective — as a DUI lawyer knows all too well — but the physical trauma these addictions leave on your body can be devastating..

 

If you or your loved one has already started down the road to recovery from addiction, one aspect you may not have considered is the importance of proper nutrition. It may be easy to see the terrible toll that the addiction has taken to your life and relationships, but it harder to see the physical damage that comes along with addiction to your body. Regaining your physical health through nutrition is a great way to create a foundation to continue recovery. Nutritional counselors are skilled and experienced at creating a plan for you to help take back your life and live a healthy lifestyle.

 

Addiction does significant damage to your body.

• It is not uncommon for addiction to cause malnourishment. For someone who has an alcohol addiction, drinking beer, wine, and liquor creates a feeling of being full, which only having empty calories. Because of this, many alcoholics do not eat a healthy diet containing the nutrients that their body needs to properly function. Those addicted to drugs are often so consumed with finding their next fix that they completely forget to eat. By the time an addict enters rehabilitation, malnourishment has already taken a large toll on their health overall.
• Your immune system becomes damaged by addiction. Substance abuse, whether drug or alcohol, causes malnutrition which then leads to the disruption of your body’s natural defenses. When your immune system is compromised, there is an increased risk for getting breast, lung, liver, or colon cancer.
• Your liver becomes damaged through addiction. Your liver’s ability to filter toxins is affected by the combination of heavy drug or alcohol use and your body’s decrease in nutrients. This causes your liver to swell, which increased the chance of getting liver cancer and also causes your appetite to be essentially nonexistent.
• Addiction ruins your self-esteem. There are some obvious physical effects caused by addiction. Some of these include rotting teeth, large amounts of weight loss, bloodshot eyes, scarred skin, and a yellowing complexion. Some of these changes are still visible after you are on the road to recovery, which makes it difficult to build your self-esteem back up.

 

Nutrition is key to a successful recovery.

Reversing all of the damage caused by addiction may not be possible. However, working with a nutritional counselor to build a plan to make your body stronger, healthier, and attractive is possible. Here are some tips to help kick off your journey with good nutrition:

• Drink decaf coffee, soda, and tea.
• Avoid sugary foods.
• Eat antioxidant-rich foods.
• Eat plenty of fiber and protein.
• Be wise when snacking.
• Really look at what you’re eating

 

Truly recovering from drug or alcohol addiction involves restoring your body and mind. One of the best ways to help heal your body that has been destroyed by addiction is proper nutrition. Diet and nutrition plays a key part in how you feel, which will help you have a higher chance of a successful recovery. For professional guidance on your nutrition, contact a skilled Chicago IL nutritional counseling residents can turn to so you can receive proper guidance.

 

Thanks to our friends and contributors from WholeHealth Chicago for their added insight.

 

The Mount Pleasant Patch is reporting that Wisconsin has signed a new drunk driving bill into law.

On Wednesday, March 28, Governor Scott Walker signed the bill, SB 135, into law. This bill permanently takes a person’s driver’s license away if they are convicted of at least four offenses related to drunk driving. The offenses considered here include homicide by negligent operation of a vehicle, operating while intoxicated (OWI), homicide by OWI, felony crimes under the state’s motor vehicle code and other offenses. For this to apply to an individual, the fourth offense has to occur within 15 years of their last drunk-driving related conviction.

This new law is not going to be retroactive, but a person who has already been convicted of three drunk-driving related offenses could now lose their license forever if they are convicted of another similar offense. A person who drives after their license has been permanently revoked under the new law will face up to a year in jail and a fine of $2,500 if caught. For a second offense, they face a year in jail and a fine of $10,000.

State Representative John Spiros and Senator Van Wanggaard drafted this bill in response to the state’s struggle with repeat drunk drivers. According to the senator, more work is needed to curb the drunk driving problem in Wisconsin, and people who repeatedly drive drunk need to be off the road permanently.

According to the Wisconsin Department of Transportation, drunk driving is a real issue in the state, with 5,174 alcohol-related crashes in 2015 alone (http://wisconsindot.gov/Pages/safety/education/drunk-drv/ddcrash.aspx). This averages to a person being injured or killed in a drunk-driving related crash on Wisconsin’s roadways approximately every three hours that year, and alcohol was also a factor in 190 traffic deaths, accounting for a little over one third of all traffic-related deaths.

In 2017, Wisconsin tightened its drunk driving laws in response to its rate of arrests for drunk driving, which hovers around twice that of the national average. Among the changes made at that time was an expansion of the meaning of “injury” in drunk-driving related crashes, the automatic felony for a fourth drunk driving offense and increased prison terms for repeated offenses. The state’s legislature also authorized judges to hand out warrants for involuntary blood draws in civil traffic OWI cases, even if it’s the person’s first offense.

Drunk driving continues to be an issue nationwide, with the National Highway Traffic Safety Administration reporting that close to 29 people across the country die each day as a result of an alcohol-related crash. While deaths related to drunk driving have fallen by about 33 percent over the last 30 years, these types of crashes still account for the loss of more than 10,000 lives in the US every year. These statistics have led states such as Wisconsin to increase the penalties and consequences of driving while drunk offenses.

If you have been injured in a crash with a drunk driver, speak to an experienced lawyer, like an auto accident attorney Denver, CO trusts, about your case.

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Thanks to our friends and contributors from The Law Office of Richard J. Banta, P.C. for their insight into drunk driving law.

 

For people who have been overindulging in alcohol, there are a number of alternatives to getting behind the wheel. With lowered inhibitions, operating a motor vehicle is not only dangerous, but also illegal. If you have been charged with a DUI, the last thing you want to happen is to obtain a second or third offense. Choose another way of getting home other than driving. You put both yourself and others at an unnecessary risk. In the event that you have been charged with a DUI, we can help you in managing your case.

If You Have Been Drinking

The best way to protect yourself from obtaining a DUI is to avoid driving while intoxicated all together. Although it can seem like an added step to find alternative transportation, the benefits far outweigh the risk. In the long run, committing to never getting behind the wheel intoxicated can be easy with the number of alternatives available:

• Dedicate someone in your party to take on the role of designated driver. This person should be committed to maintaining sobriety while out so that they can get everyone home safely.
• Pay a service such as a taxi, Uber or Lyft to give you a ride home. Although depending on the time of day or night the fare can be costly, it is drastically less expensive than the repercussions of a DUI.
• Public transportation
• If you are in a city, staying in a hotel is a less expensive option than a DUI charge.
• Call a friend or family member to come pick you up. This may seem like an unattractive option because you may not want to disturb sleeping loved ones late at night. Despite this, you may find that they may be more willing to assist than you think.

Finding an alternative means to getting where you need to go can come with a price. In a number of situations, you will have to pay for a ride. However, the cost of a ride home is far less expensive than the fines and legal expenses of a DUI. Luckily, if you had a recent lapse in judgment and as a result was charged with a DUI, we are  able to help you. The consequences of a DUI can be significant, especially if you have been convicted of a DUI in the past:

• Costly expense of court fees, attorney fees and fines
• Your employment could be impacted
• Higher insurance premiums
• Loss of your license

A DUI charge can come with very serious consequences, although there are a number of ways to prevent a DUI, mistakes still can occur. We can help you recover from the hangover that doesn’t seem to want to go away. We can challenge the courts around various aspects of your case to work towards the best possible outcome based on your particular situation. In the event you or a loved one needs legal assistance, do not hesitate to contact a DUI attorney MD trusts to assist.

 

Thank you to the The Law Firm of Frederick J. Brynn, P.C for providing their insight on DUI charges.

 

If you have been arrested and charged with a criminal offense, chances are you are scared and have no idea what happens next (that is, if this is your first experience with the court system). Not long after you are arrested, the information pertaining to your arrest is forwarded to the local prosecutor’s office. The prosecutor only has seventy-two hours to formally file charges against you. In some areas, this time frame may be even shorter.

 

Prosecutors are provided with the arrest reports from police officers that detail the events that occurred around your arrest. It is up to the prosecutor to determine what charges are filed against you. Because of the large amount of cases that the prosecutors see every day, they may file charges that may very well be dismissed at some point — just to make the seventy-two hour deadline. This is just one reason you need to hire a criminal defense attorney so that they can look over your case, possibly communicate one on one with the prosecutor, possibly influencing the severity of the charges you face.

 

Situations that may determine whether a prosecutor lowers, drops or dismisses the charges include:

 

• Lack of evidence needed to pursue the charge successfully due to an error that was made internally
• The offense is minor in nature
• The victim and or eyewitnesses decide not to press charges or even testify
• Charges are dropped charges in exchange for testifying against someone else
• The Prosecutor thinks that you committed action without really knowing what you were doing and feels you are not a threat criminally

 

What is the process for being charged?

 

If you are charged with a felony offense, the prosecutor files a criminal complaint or they may get an indictment through a grand jury.

 

Don’t be surprised if you are charged with a charge that the evidence can only support a portion of the charge. The prosecutor realizes the higher charge cannot stand, however the defense attorney is now trying to negotiate a lesser charge and not really delving into the real infraction. When prosecutors try for an indictment through a grand jury, they do not have to reveal much information to the defendants about what the complaint says, except for the filed charges.

 

What happens if my case goes to a grand jury?

 

The grand jury will be the entity that determines whether or not to file charges against you based on the evidence presented by the prosecutor. They will not decide your guilt or innocence. A grand jury indictment differs from the prosecutor just filing the charges in these ways:

 

• There are 16-23 people on a grand jury as opposed to six or twelve on a standard jury
• The proceedings of the grand jury are generally secret
• Their decision does not need to be unanimous to go ahead with charging, instead only twelve votes for and indictment are necessary
• Evidence from the prosecutor is presented and they will usually indict with criminal charges
• The defense attorney may be able to obtain information from the prosecutor as to whether or not their case is being heard by a grand jury
• A witness that is subpoenaed to testify before a grand jury can refuse to do so citing their fifth amendment rights

 

What is a Pre-Trial Diversion Sentence?

 

Depending on the charges, you may be able to stay out of the jail system and participate in either rehabilitation or other external programs. Here are some reasons you may be able to go this route:

 

• If your jail system is overcrowded
• If your crime is non-violent, or it involves drug or alcohol possession
• You have no previous record
• If you are young and the crime is considered youth-oriented such as fighting, vandalism, fighting, minor possessing alcohol

 

Talk to your attorney about requesting a trial diversion. You may avoid being charged criminally, but you will still be responsible to pay any fines and cooperate fully with the alternative sentence you are given. This can be expensive and take a lot of time but it is probably still a better alternative than being sentenced as a criminal.

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With the growing number of states legalizing marijuana, government and police departments have had to determine how they will manage such situations. Marijuana is becoming less taboo than in previous years causing more people to use it for not only medical purposes but recreationally as well. If you find yourself charged with a DUI, it will be important to contact an attorney who has experience in representing clients who have received these types of charges.

Testing for Marijuana Intoxication

Because marijuana use has become increasingly normalized, it’s possible to have misconceptions surrounding the penalties of driving while high. The conundrum at hand for many state governments is how police will test for marijuana intoxication. Although a simple blood test can determine whether or not the drug is in a person’s system, the timing can be skewed. This is largely due to marijuanas ability to stay in the blood stream for a lengthy period of time following use of the drug.

If you have been charged with a DUI for Marijuana, contact an attorney as some tests that police use can vary in accuracy. An attorney can help to navigate this complicated process and help to protect your rights throughout. The following are various types of testing that are use throughout the country:

Field Sobriety Testing

If a police officer suspects that a driver is under the influence of marijuana they will assess the driver’s behavior by requiring that they participate in field sobriety testing. A police officer will administer the following types of field sobriety tests:

• Walk and Turn Test
• One Leg Stand
• Horizontal Gaze Nystagmus Test

An attorney will be helpful in the event that a police officer charged you with a DUI of Marijuana on these tests alone. This is because they are not as reliable when it comes to drug use as they can be with alcohol.

Oral Swab Test

Some states are using oral swabs to test for drugs in a person’s system. Recently states like California, New York and Nevada have begun using the Drager Drug Test 5000 Machines to assess whether a person has: marijuana, amphetamine, methadone, cocaine or opiates in their system. The test takes approximately 8 minutes to conduct. This type of testing is able to measure active THC compounds, meaning that if a person used marijuana a day or so prior to taking the test, inactive THC compounds would not be present.

Blood Testing

Following a field sobriety test, a police officer may then request that a person undergo a blood test. Refusal of a blood test could result in automatic revocation of a person’s license and/or harsher penalties. When a person does submit to a blood test, if it shows levels of THC, it can make for compelling piece of evidence. Such situations will certainly require the assistance of a DUI attorney. This is because marijuana can stay in the system for longer periods of time. A blood test does not determine whether the marijuana in the blood stream was from weeks ago or due to more recent use.

A DUI can have a long-term impact on your life; a conviction can result in permanent blemish on your record. With the growing popularity of recreational marijuana use across the country, it is important that before you partake, you do not operate a motor vehicle. A DUI attorney can be of assistance should you find that you have been charged with a DUI. They will be important in providing you with the legal representation that you require. Contact drug possession lawyers Bloomington IL turns to in the event that you have any questions or are facing a DUI/ drug possession charges.

Thank you to Pioletti & Pioletti Attorneys at law for providing this key insight and information DUI’s and drug possession.

 

It is extremely complicated and stressful to get divorced, but it can be even worse when you are charged with a DUI during the process. You should seek assistance from an experienced DUI lawyer to help guide you through this difficult time. This short guide can help you understand what the consequences of a DUI are in relation to a pending divorce procedure.

1. Costly Legal Fees for Two Cases

If you are facing a divorce simultaneously with a DUI charge, you may have added stress and financial burden as well. A first time DUI can cost up to $2,000 in fines, court fees, and probation monitoring and can raise even more when you factor in out-of-pocket costs. If there was any property damage or you hurt someone, you can expect insurance rates to skyrocket and possibly another case of personal injury if the person you hurt decides to sue.

2. Lost Wages or Loss of Employment

You may lose days of work because of your appearances for both cases. You may lose your job if you go to jail for your DUI charge. Unfortunately, if you pay child support, you may miss payments and will have your wages garnished if you don’t go to jail. Your ability to function at work and in the day-to-day will spill over into the rest of your life due to the financial stress.

3. If You are in a Custody Battle, Your DUI May Affect the Outcome

The court is always going to rule in favor of what they feel is best for the children involved. If you are convicted of a DUI and your children were in the vehicle, you may be considered abusive by the court and may lose custody of your children. Even if your children weren’t present, the court may still question your judgement. This might be enough for your ex spouse to earn full custody.

4. Possible License Suspension

If you keep your custody arrangement, you may find that it will be difficult to get to work, spend time with the children or take them to school or appointments. This can hurt your ability to pay child support if driving is a necessity for your job, and you may lose it i you can’t get there every day. A court will consider your license suspension and it may affect the determination of your parental rights.

In addition to the four prior complications, you will likely be sentenced to probation for alcohol-related offenses. Probation lengths can vary, but it is common for you to do community service, attend alcohol classes and possibly go to a few Alcoholic Anonymous meetings. These obligations will surely affect time with your children and it is possible that you may not be allowed to see them until you complete court orders.

It is in your best interest to seek legal help from an experienced DUI lawyer and family law attorney as well to discuss your options when faced with a DUI and divorce proceedings. Do not wait, get the support you need from a trusted professional and carve the best path you can to move forward. Contact family lawyers Phoenix AZ as soon as possible to make sure you are taking all proper necessary steps.

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Thank you Hildebrand Law for providing tips on the relationship between a DUI and its effects on Divorce and Custody.

Most states have very stringent DUI penalties in place. In the majority of states across the country, even a first-offense conviction results in the loss of driving privileges, a hefty fine, and alcohol education program attendance. A DUI conviction also results in a high increase in how much auto insurance companies will charge for coverage. In many cases, premiums more than double what they were before the conviction.

The consequences of a DUI are magnified when the driver has also been involved in a car crash. In addition to being charged with drunk driving, the driver may also face charges of reckless driving, assault, or driving to endanger. If there are injured victims, it is almost a guarantee that the police will file additional charges against the driver besides DUI.

Penalties for subsequent convictions are even harsher and often result in some jail time. Multiple convictions can result in the permanent loss of license.

What happens if a driver refuses to take a breathalyzer test?

In the majority of states, when a driver refuses to submit to a breathalyzer, they automatically lose their license. The time varies depending on the laws of the state, but can range anywhere from three to six months or longer. Even without having the measurement of how much alcohol a driver has in their system. Police can charge a driver with drunk driving based on the behavior and actions of the driver, including their speech, appearance, reactions, and how you interact with them. If the officer suspects the driver is under the influence, the drive will be charged.  

What measurement determines intoxication?

Every state in the U.S. has passed laws that state that a driver is considered under the influence of alcohol if their blood alcohol concentration (BAC) is measured at more than 0.8 percent. That level is lower for minors and commercial drivers. Many states are also arresting people who are “buzzed while driving.” This determination is made if their BAC level is below 0.08 percent but the officer feels the driver’s ability is compromised by the alcohol.

Are there civil consequences of a DUI Car Crash?

Although there is no jail time involved in a civil accident claim or lawsuit when there is an alcohol-related crash like there may be for the criminal case, the consequences that the driver faces can still be harsh. In many civil lawsuits involving drunk drivers, the court will order the at-fault driver to pay the victim punitive damages along with all of the economic and noneconomic damages the victim is entitled to.

And even though the at-fault driver’s car insurance company is supposed to cover these damages, it is not uncommon for all of these damages to add up to more than the coverage the driver has liability insurance for. This can lead to the victim filing a personal injury lawsuit against the at-fault driver in order to pursue damages with the help of a Personal Injury Lawyer locals trust.