Car accidents kill as much as 2.35 million people in the United States each year, according to the Association for Safe International Road Travel. With this, the legal team at Karlin, Fleisher & Falkenberg, LLC says that there are families who are devastated and left with different expenses associated with the passing of their loved ones. This is where a wrongful death lawsuit comes in.

Like in almost all states, according to Nolo, a wrongful death in Tennessee is when an individual is killed due to the injuries sustained from another person’s wrongdoing. It is also defined as the “the wrongful act, omission, or killing by another,” Nolo states. In Tennessee, wrongful death is categorized under personal injury, insofar that the said person is not capable of presenting his/her own case anymore. This gives the immediate family or any designated person to file the claim for the victim.

Additionally, according to Nolo, the claim of wrongful death may still be filed even when there is already an existing criminal homicide charge for the suspect, although they are distinct from each other. They are different in terms of the type of claim, with the wrongful death being a civil claim and is filed by the family of the victim. The criminal claim, on the other hand, is usually filed by the prosecuting attorney.

Lastly, the aim of a wrongful death lawsuit is mainly the monetary compensation that should cover for the damages and the death of the victim. It is in contrast with the premise of filing a criminal charge, which, on the other hand, is solely focused on the consequences that the suspect could face, such as imprisonment and related punishments.


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Some people are fond of saying murder is murder, but the fact is not all murders are the same. There are circumstances in which a person charged with murder may warrant a conviction for lesser included offenses, or homicide of a lesser degree.

In a criminal case, the prosecutor has the option to instruct the jury to consider a conviction for a less serious charge if they believe the primary charge is not warranted. The jury can thus convict the defendant on a lesser charge in lieu of the primary charge. In a murder case where the death penalty is on the table, however, the court is required to give instructions to the jury regarding lesser included offenses such as voluntary manslaughter. This is to provide the jurors a middle ground when they believe the defendant is culpable, but there not culpable enough to warrant the extreme punishment.

According to the Kohler Hart Powell, SC website, it is the role of a skilled criminal defense lawyer to get the charges dismissed, an acquittal, or failing either, conviction for a lesser offense. In most cases, a lesser included offense is easier to prove than the greater offense. For example, murder in the first degree requires the prosecutor to prove premeditation prior to the killing act. For voluntary manslaughter, there is no need to prove the intent to kill, only that the defendant was the one that performed the act of killing. A qualified lawyer can help determine which case it is and can help with the defense.

The jury is typically asked to consider the more serious charge first in their deliberations. If the jury finds that there is reasonable doubt about the commission of the charged offense, or that they cannot unanimously degree that it was committed, they may be asked to move on to the lesser included offenses.

Murder is intentional homicide. A lesser offense would be second degree intentional homicide, in which circumstances i.e. provocation mitigated the act of killing. If the prosecutor is unable to prove intent, then the jury might be instructed to consider reckless homicide (there was no intent to cause death or bodily harm, but created a situation that led to one or both) in the first and second degree.

If you have been charged with murder, you have no time to waste.


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Going through a divorce is already complicated in itself, but the process can become even more stressful a child is involved. With the help of the state, divorcing parents will need to determine a suitable custody agreement that is beneficial for their child.

In the eyes of the law, the child’s best interest is the most important consideration in child custody cases. As such, most courts award custody to the parent who is deemed more capable of encouraging a loving and healthy relationship between the child and the parent who lives somewhere else. This is due to the belief that, regardless of divorce or separation, a child should be aware of the love and influence of both parents growing up.

Based on specific considerations, the law can award a joint custody arrangement for divorcing parents. As emphasized by Marshall & Taylor PLLC, this arrangement is the most amiable solution for a situation that is undoubtedly difficult for children. This will mean that both parents can play an active part in their child’s growth and development, and could result in any of the following scenarios:

  • Joint physical custody: Both parents are considered custodial parents, and get to spend an equal amount of time with their child. This is particularly ideal for parents who do not live too far away from each other, making travelling more convenient for the child involved.
  • Joint legal custody: Only one parent gets physical custody of the child, but the other parent continues to be involved in making important legal decisions for the child in matters such as healthcare and education.

However, before any kind of joint custody is awarded by the court, the presiding judge will have to take into consideration a few important factors. These factors will help determine which decision will be the most beneficial for the child. Among the things the court might take into account are the following:

  • Employment and income of both parents
  • Stability of both homes
  • The proximity of the parents’ houses
  • The child’s educational opportunities
  • How the child’s basic needs could be affected by the decision
  • If both parents show their willingness to show custody

Determining a custody arrangement can be a stressful situation, divorcing parents can rest assured that the interest of their child is always the top priority. You can seek out legal counsel and talk to qualified lawyers to learn which options are best for your family.


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According to the UN Road Safety Collaboration, each year sees more than 270,000 pedestrians are killed in road accidents all over the world. This constitutes to 22% of global traffic fatalities. In the United States, the Department of Transportation found 4,743 cases of pedestrian death and 76,000 pedestrian injuries in the year 2012 alone. Following these numbers, we can observe a trend that a pedestrian is killed every 2 hours and injured every 7 minutes when road accidents occur.

Looking at these statistics, it’s clear that pedestrian safety should become top priority. Even though technological advancements have greatly improved care safety features for drivers, the roads remain a dangerous place for pedestrians. Unfortunately, these accidents and injuries will only continue to occur until significant action is taken.

As emphasized by the website of Habush Habush & Rottier S.C., such personal injury incidents are commonly caused by carelessness and reckless behavior. We can curb these negative attitudes by raising enough awareness about this pressing issue.

According to the Insurance Institute for Highway Safety (IIHS), majority of pedestrian accidents occur in urban areas. This is because cities are heavily populated, with high concentrations of pedestrian activity. It is also important to note that rural areas see elevated numbers of severe injury and death due to higher impact speeds.

In the same report from IIHS, we learn that pedestrian accidents commonly happen between 6 PM and midnight. The darkness makes it more possible for pedestrians to be struck by vehicles head-on. During such accidents, the severity of the injury will depend on the kind of vehicle involved in the accident. Bigger models like trucks or SUVs could throw a pedestrian’s body forward, leaving them to the possibility of getting run over. With cars, the bumper is expected to hit an adult near the area of the knees and a child at waist or thigh level. The damage on the body will depend on how strong the impact is.

We can make sure that our roads are safe for both drivers and pedestrians, and it does not have to be a difficult task. Anyone who is out on the road should be aware that even a brief careless moment can lead to catastrophic outcomes. Just like drivers, pedestrians have the right to use the road without risk to their safety. If you or anyone you know has been injured in a pedestrian accident, the website of the lawyers at Habush Habush & Rottier S.C. says it’s a good idea to seek legal counsel and pursue just compensation.


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In an ideal world, every person would be given equal opportunity to succeed. Reality, however, is taking time to catch up. As you may have observed from recent discussions, including the memorable acceptance speech delivered by Patricia Arquette during the Oscars, it seems that we still have a long way to go.

In the U.S., the Equal Opportunity Commission (EEOC) is in charge of making significant strides toward this goal. First established in the year 1964, the agency is responsible for upholding Title VII of the Civil Rights Act. Overall, the EEOC aims to make sure that cases of workplace discrimination based on their race, ethnicity, national origin, religion, gender, or sexuality are significantly diminished.

Based on Title VII and amendments made in the passing years, any instance of discrimination across all areas of employment is categorically illegal. This means that every single employee is expected to receive fair and equal treatment, whether it’s in the wages they receive or the career advancement opportunities they are awarded. It also protects employees from getting terminated based on factors discriminatory factors. The same is true even before a person is employed, as it is equally important that all applicants are considered during the hiring process.

It’s unfortunate that this has not been true for some individuals. As noted on the website of The Melton Law Firm, a significant number of employees are all too often denied their basic freedoms. Just in 2013, the EEOC received almost 93,727 cases of job discrimination with the following breakdown:

  • 38, 539 cases involved discrimination charges with retaliation;
  • 33,068 cases involved race and ethnicity;
  • 27,687 cases involved discrimination based on gender and sexuality;
  • 25,957 cases involved discrimination against persons with disabilities (PWD).

If you feel that your Title VII protection has been violated by your employer, don’t hesitate to seek legal counsel to find just compensation. A workplace should be conducive to helping individuals meet their full potential. Cases of discrimination and harassment based on race, ethnicity, national origin, religion, gender, or sexuality should not be tolerated.


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