brwm5455-99gja3tw3ghdi98y

Who’s to Blame After a Dog Bite?

Fri, 16 Mar 2018 00:00:00 GMT

Dogs are loving and smart. Dogs are also animals, and all animals can be unpredictable. A dog can bite someone and cause serious injuries without warning. If you have been attacked by a neighbor's dog, you know the effects of this scenario all too well.

For people in your situation, the goal is to determine who is at fault for their injuries. Is it the dog owner or is it the victim? This question is not always an easy one to answer — here's why.

It Starts With the Dog’s Temperament

Every dog has a temperament or personality. Some dogs are mild tempered, and then there are dogs that are more aggressive — no matter the breed of the pet. It is the duty of the pet owner to know the temperament of their animal and to take the necessary precautions to protect their neighbors and the rest of the community.

The state of Georgia exercises dangerous dog laws. A dangerous dog is one that has acted with hostility in the past toward another person or animal or caused physical harm to another person or animal.

A dog that fits this description must be registered with the state, secured in a suitable area, and the property owner must have signage up to warn others that a dangerous dog is on the property. If the owner fails to complete these steps and the dog attacks a neighbor, it's likely that the pet owner will be held responsible for any injuries and pain and suffering sustained by the bite victim.

Neighbors Have a Responsibility Too

As the neighbor of someone with a pet, you have a responsibility too. As an adult, you know that specific behaviors make you tick. If someone purposely and repeatedly steps on this button, then you could very well react and behave in a manner that is uncharacteristic. Dogs are very similar to people in this respect. Every person should avoid agitating or provoking a dog.

A neighbor that intentionally riles up a dog by throwing objects at the animal to cause pain would be a scenario in which the individual is agitating and provoking the animal. Neighbors also have a responsibility to stay off private property.

If a neighbor has their dog secured in a fenced area and the victim wanders onto their property and is attacked by the animal, then it can be argued that the moment the victim stepped foot onto the property they understood the risk and are partially to blame for their injuries, known as an assumption of risk. All individuals must act responsibly around animals.

When You File Your Claim Matters

Guilt on the part of the pet owner is only a small factor when it comes to gaining compensation for your injuries. In the state of Georgia, you only have two years to file a claim for your damages. Any request submitted beyond this period will be denied for a violation of this statute of limitations.

It's worth noting that the claim must not be settled within this period nor must any necessary medical treatment be completed. However, a claim with the dog owner's insurance or a suit against the owner must be filed within two years from the date of the attack.

These are just some of the circumstances that affect fault. To explicitly determine guilt and get access to any compensation you may be entitled to, the assistance of an attorney is vital. At Daryl J. Walker Law Firm, we are happy to sit down with you and discuss the specifics of your case to help you achieve the resolution you deserve.

7 Expenses to Include in a Car Accident Lawsuit

Tue, 23 Jan 2018 00:00:00 GMT

Life is very chaotic after an accident. With all that is involved in the recovery of an injury, it is difficult to stay organized. However, it's important to keep everything organized because detailed records make a difference when you file your lawsuit. Because the trauma of a car accident can leave people rattled, here's a reminder of what your lawsuit should include.

1. Recover Lost Property

Auto accidents involve more personal losses than just the vehicle. Laptops, child safety seats, cell phones, and jewelry are also covered. Any personal items that went missing or were destroyed due to the accident should be included. Photographs of the damaged items help to strengthen the claim.

2. Include Lost Income

The victim is eligible for the recovery of all lost wages due to the accident - including the difference between a previous salary and their potential disability payments. Tax returns prior to the accident and current bank statements help to prove the extent of your loss.

3. Remember Future Costs

Immediate medical care after a serious accident is usually only part of the lifetime cost of recovery. Include all recovery expenses related to the event. This is not just the cost of the care itself, but also additional lost work and transportation expenses due to rehabilitation and doctor appointments.

Long-term expenses are difficult for patients to determine on their own. Discuss the case with a physical therapist, doctor, or surgeon and ask them to document current and future treatment plans. Always follow the orders of your medical team and keep all receipts, notices, and other paperwork related to the appointments.

4. Document Special Equipment

Medical devices like crutches and heating pads, as well as supplies like gauze, bandages, and over-the-counter pain relievers, add up over time and should be included. Track purchases like custom orthopedics, adaptive equipment for the home, and other required remodels.

Hold on to any home improvement contracts or bills for completed to make the house accessible. Take photographs before and after any project to show the extent of the effort required to make the home functional. Do not throw out any purchased equipment before the case is settled - even if it is no longer needed.

5. Calculate Special Services

Additional assistance is often needed following an accident. Home health care to treat injuries and provide therapy is covered - as are many other types of assistance. People that are suddenly immobile may need additional day care services, housekeepers, and someone to run errands for them.

6. Detail Life Changes

The loss of participating in a favorite hobby or activity and even the loss of a romantic relationship with a spouse or partner is a recoverable item as well. It is difficult to put a specific price on these things, but they are legally allowed to be included in a lawsuit.

Add to the case by showing how important these events were to your life. Show photographs of bowling trophies or proof of the marathons you once entered. A previous painting, woodworking project, or knitted item is also something tangible that could demonstrate the extent of your loss.

7. Explain Emotional Changes

The trauma caused by a serious accident is something that people experience for years. It may appear as depression, anxiety, or loss of sleep. The inability to drive or ride comfortably in a vehicle prevents people from living fully.

Another consideration, one that is both physical and emotional, is a personal disfigurement. Physical changes affect self-confidence and may lead to depression or anxiety. All of these emotional injuries should also be included in a lawsuit.

Every accident is different and the expenses will vary in a number of ways. Not everyone has all of the expenses listed here, and there may be others that are not included. Attorneys help people to remember what they have experienced and lost. A prepared individual with documents for proof will have fewer delays and a better chance of getting the justice they deserve.

At the Daryl J. Walker Law Firm , we know that auto accidents are frightening and painful events. We offer knowledgeable and respectful services to help people through this difficult time. Contact us today to arrange a consultation.

Avoiding A Winter Weather Car Accident: What You Need To Know

Wed, 22 Nov 2017 00:00:00 GMT

As the winter weather patterns begin, the likelihood of car accidents increases. Winter weather, including snow, sleet, and high winds can result in hazardous driving conditions for motorists that can result in major incidents on the roadways. Mother Nature, unfortunately, is willing to unleash her power that can be devastating when you have to drive often.

One of the best ways to avoid an accident this time of year is to practice common sense when you are driving. If the weather is poor, you will need to drive slower and proactively. It is crucial that you know how to react if you hit a patch of ice with your tire so that you minimize your damage as much as possible.

However, as careful as you can be, you cannot control how others behave on treacherous highways. When other drivers drive less than carefully, or downright dangerously, it is very easy for them to lose control and impact others on the road.

The following is some information you will need to know about driving in dangerous winter weather, as well as what you can expect should you become involved in an accident.

Accidents That Can Occur Due to Winter Weather

Poor driving in bad winter weather conditions can result in serious car accidents. In addition to paying attention to your surroundings, you also need to know the common causes of accidents this time of year so that you can remain as cautious as possible.

Driving too fast is one of the leading causes of accidents in bad weather. Without realizing it, you can very quickly hit black ice or pockets of water that can cause your car to hydroplane. You will have no control over where your vehicle goes while you are hydroplaning, so it is best to pay attention to ensure you avoid areas that hold that risk.

Inattention of other drivers on the road can also quickly result in an accident. If you are not being proactive on the road during bad winter weather, someone in front probably is. When you are not paying attention to how others are driving, you could find yourself in a collision.

For instance, if the driver in front of you suddenly hits the brakes due to a dangerous place on the road, you can end up rear-ending that driver because you were not looking at what was going on around you. The other driver was being cautious and paying attention to the roadway, which leaves you as the negligent party in this example.

The Role Negligence Plays in a Winter Car Crash

Accidents can happen in poor winter weather conditions, no matter how carefully you drive. If you are the victim in a crash, the first thing to do is discover who is at fault. Negligence on the part of the other driver is key to getting your damages paid.

You will need to provide proof that the other party was negligent in the accident to get some or all of your damages covered by insurance. You will need to show that the other driver did not take care to act reasonably within the scope of the weather conditions to properly and safely operate a vehicle and therefore was the primary cause of the accident.

To prove negligence, you can provide your own account of the accident, but you should also rely on witness statements, physical proof, and the report provided by the responding law enforcement. You may even want to hire an accident reconstructionist to recreate the scene based on the report if the other driver contests his or her negligence.

If you need assistance with an accident claim, please visit Daryl J. Walker Law Firm for more information.

6 Things That Help Get Unfair DUI Charges Dismissed

Thu, 21 Sep 2017 00:00:00 GMT

A DUI arrest may seem like an impossible thing to overcome, but there are reasons to have some hope. Not every traffic stop, test or charge is unbeatable. In many instances, the charges are dropped because of common mistakes that law enforcement officers make. Here is just a small sample of the many ways lawyers help their clients to beat unfair DUI charges and avoid the complications they cause.

Possible Radio Interference

Blood alcohol levels are obtained through Breathalyzer tests that calculate the amount of alcohol in a person’s system by determining the level of infrared light that is absorbed during the test. Higher absorption rates mean that more alcohol was in the sample. However, sometimes the detector could provide false readings due to interference from police radios, cell phones or other electronic signals.

Complications from Illness

False readings during a DUI stop could be medically related. Common conditions like heartburn, GERD and acid reflux or even diabetes can produce false results. Some types of diet plans could also be to blame. High protein and low carb diets, like paleo or Atkins, cause the body to produce high levels of ketones that some breath testing devices could misread as alcohol.

Poor Arrest Procedures

Every citizen has specific rights that must be respected. A common mistake is an officer not having probable cause for the stop. The driver must have appeared to be intoxicated or failed roadside sobriety testing before a BAC test is administered. The officer cannot force the driver to answer questions and must inform them of their Miranda Rights if they are arrested.

Faulty Tests Used

Any test is only as accurate as the person performing the test. Even with adequate training, there is the opportunity for many mistakes. Drug testing equipment can to be expired and provide a false result. The mishandling of blood samples or improper storage of equipment used to collect the sample could also call into question the accuracy of any result.

No Test Given

There should be a lot of suspicion of the validity of the charge if a breath test or blood alcohol test was not given. There are many reasons people may "look" intoxicated. Allergies can cause tiredness and bloodshot eyes. Medical conditions may cause people to slur their words or have an unsteady gait. A mechanical malfunction could be the cause of poor driving.

Test Given Late

Some drivers may think a delay in testing will help, but it could harm their case. Blood alcohol levels take as long as an hour to reach their peak after someone stops drinking. This means a driver may have been under the limit while they were driving, but over the limit by the time the test was performed. Make a note of the time of the stop and when the test was given.

It is not uncommon for people to feel guilty if they are stopped after consuming alcohol. However, the driver is not breaking the law as long as there are no open containers in the vehicle. All adults at or above the legal drinking age have the right to drive after imbibing if they are not intoxicated. Avoid confessing or agreeing to anything because of a guilty conscience.

At the Daryl J. Walker Law Firm , we meet with many people whose lives, careers and families are at risk due to an unfair DUI charge. Our investigations into these cases often make it possible to have the charges dismissed. You should get help as soon as possible after a experiencing a DUI charge to increase your chances of a favorable outcome. Contact us for a consultation to discuss the details of your case.

Steps to Take When You're Accused of DUI

Thu, 20 Jul 2017 00:00:00 GMT

Being accused of committing a crime is a stressful time in anyone's life, but given the long-lasting public crusades in opposition to driving under the influence, those accusations can represent a particularly sensitive challenge. Mistakes happen from both a decision-making standpoint as well as an investigatory standpoint, and it's important that you don't allow yourself to be overwhelmed by the process.

Protecting your own interests is a vital part of recovering from being charged with DUI. Unfortunately, many people may not even know where to begin to get their bearings and defend themselves, and as a result, you may miss an opportunity to take important steps for your own protection.

Below, you'll find a guide to some things you should be sure to do in the aftermath of a DUI charge. Keeping these suggestions in mind can help you to maintain your current standard of living while you're going through the process and can allow you to find the best possible outcome from a difficult legal situation.

Maximize Documentation

When you're accused of a crime, your words and actions will immediately fall under intense scrutiny. If everything you say and do is at risk of being challenged, it's vital that you gather as much indisputable evidence as possible in your favor. Rather than counting on other people to perform vital investigatory tasks, taking control of them yourself can offer you substantial protection.

You should start by writing down the series of events which preceded the arrest and everything you remember through the length of your police contact. This might also include gathering receipts from businesses you patronized or reaching out for eyewitness accounts which may work in your favor. Collecting this information as close to the time the arrest occurred is incredibly important, as it can help guarantee that recollections are as fresh and accurate as possible.

Seek Insurance Protections

One of the worst things you can do in the aftermath of a DUI is to compound the problem by committing additional violations related to the first accusation. While further driving incidents are obviously a major concern, it's also important to remember that a DUI will likely leave you with additional insurance obligations. Most insurance companies will require an extra level of coverage after you've been accused of a DUI, and your coverage may not be valid without those protections.

SR-22 policies are common tools used by insurance companies to help them secure your driving rights after a serious incident such as a DUI. Though the policies may be costly, they're an investment worth making since the alternative option is likely continuance of a crime. Be up front and honest with your insurance company about the situation you're in, and make sure that you take the appropriate actions to keep yourself protected.

Consider Treatment

Honestly assessing your issues can be a difficult chore for anyone, but after a life-altering event such as a DUI, it's important to truly evaluate your decisions. If you're at a point in your life where substance consumption is interfering with your decision making, it may be time to reach out for help.

Seeking assistance might also be useful in terms of your legal battle. If the court sees that you're taking the situation seriously and you're prepared to take tangible steps to better your life, you may be in a position to receive a more favorable disposition of your case.

Daryl J. Walker has the skills and experience necessary to help you navigate the difficult waters that come in the aftermath of a DUI arrest . Turning to the help of a devoted lawyer can help you reestablish your life and can help guarantee that a momentary lapse in judgment doesn't become a long-term problem.

What Criminal Lawyers Do

Wed, 31 May 2017 00:00:00 GMT

A criminal defense lawyer specializes in representing people who have been accused of criminal activity. Basically, these lawyers defend anyone who has broken a law. If you have been arrested and charged with a crime, a criminal defense lawyer can help you before, during and after your court appearance.

What Makes a Good Criminal Defense Lawyer?

Not all lawyers are the same. Some lawyers rely on their experience and some rely on their knowledge of a specific niche area. However, there are a few common traits of good criminal lawyers. A good criminal defense attorney has:

Understanding of the U.S. Constitution, specifically the Fourth, Fifth, and Sixth amendments;
Vast knowledge of the state code and local laws;
Firm grasp of local police ordinances, policies and procedures;
Effective communication skills to relay information to you from the court;
A passion to uphold laws, policies and integrity of the criminal justice system.

Unfortunately, we can sometimes find ourselves caught up in illegal activity or in the wrong place at the wrong time. When you’ve been accused of a crime, it’s important that you protect your rights and your humanity. The Daryl J. Walker Law Firm in Savannah has all of the qualities of a good criminal defense attorney. Call us at 912-232-0232 so we can start fighting for you!

Embezzlement Laws in Georgia

Thu, 16 Mar 2017 00:00:00 GMT

This isn’t where to learn how to embezzle in the state of Georgia or any other jurisdiction for that matter. Rather, this is meant to help you avoid the crime altogether. Here are some key facts about Georgia that anyone involved there should know.

The Terminology Used in Georgia

In Georgia, the crime of embezzlement is also referred to as conversion, as in the conversion of property or funds from one entity to another. This term is important because it covers a wider range of crime than the traditional term of embezzlement.

What Is Considered Embezzlement

Conversion is any unauthorized use of property or funds by a person entrusted with them. In essence, it is considered a type of theft. The difference between common theft and conversion is that the acquisition of the property was made through legal means but then misused.

The Penalties of Embezzlement

The penalties for this crime can vary, depending on the property and its value. The penalties can also range from fines to jail time or a combination of both. Other factors that may mitigate the process are the court officials’ discretion and whether it is a repeat offense.

Ignorance of the law is often a poor defense when it has been broken. Embezzlement is a crime, no matter the circumstances. For more about the laws involving embezzlement, call Daryl J. Walker Law Firm in Savannah at 912-232-0232.

Using a Treatment Program to Strengthen a DUI Defense

Mon, 16 Jan 2017 00:00:00 GMT

Driving under the influence (DUI) is a criminal charge that can damage your life. Heavy financial consequences and even jail time are possible punishments. Even heavier penalties are leveled on repeat offenders.

For people who have alcohol or drug problems, a DUI charge can often prompt them to seek treatment. Seeking treatment for drug and alcohol issues can be a turning point in your life and help bolster your legal defense. Here is how a treatment program can strengthen your DUI defense.

Get Advice From an Attorney

You should not attempt to do anything, including admitting yourself for treatment, before you talk to an attorney. Select one who specializes in DUI law. Do not just rush out and sign yourself into a treatment facility. Take each step in the process with patience. An experienced DUI attorney can offer you expert advice.

Legal advice will start with a full explanation of the steps you must take to guarantee the time and money you spend on treatment will help your case. Depending on the circumstances of your charge, you may not need residential treatment. Frequently, outpatient treatment is acceptable.

Outpatient programs can be successful for less serious drug- and alcohol-related cases. In most cases, they are also a more affordable option. However, if there is any uncertainty as to the seriousness of the problem, an inpatient facility may be a better choice.

Work with a lawyer and your loved ones as you choose a drug or alcohol rehabilitation program. The greater your support system during and after treatment, the more likely you will be to avoid relapse, which can be beneficial to your DUI defense.

Build Your Credibility by Documenting Everything

The court system wants as much of a guarantee as possible that you will never be a repeat DUI offender. A treatment program can serve as one way to show you intend to avoid similar charges in the future.

At any court dates after you have entered treatment, your judge usually wants to assess that you didn’t enroll in a rehabilitation program simply to reduce the legal consequences of a DUI. If you seriously want to benefit from the treatment experience and help your case, you must hold yourself accountable. By doing, so you will prove your credibility and sincerity to the court.

One way to demonstrate your accountability is to follow the advice of the court and your healthcare providers. For example, frequently, attendance at addiction recovery meetings is court-mandated. In addition, outside counseling for other issues may be ordered by the court. Treatment programs will also stipulate that you attend meetings, so verify your presence. Clearly note the date, time and location of any meetings you attend and have your presence witnessed by another person.

Once you have secured the advice of an attorney, they will guide you through the process of providing authentic documentation of everything you do, including treatment. The courts may require other records of your progress as well.

Keep your paperwork orderly and submit everything to your attorney. Make duplicate copies for your records. Once you successfully complete a counseling requirement or treatment program, ask for a personal letter from the director, including their contact information.

DUI is a serious charge that you need to take seriously. Begin by hiring a criminal defense attorney who specializes in DUI defense. If you follow the advice of your attorney and apply yourself, treatment can help your case.

Most importantly, you will have more than just a piece of paper indicating you completed a treatment program. You will have the knowledge and tools to help ensure you never make such a grave mistake again.

If you need a DUI defense attorney in the Savannah, Georgia, area, contact the Daryl J. Walker Law Firm .

How Bail Bonds Work

Wed, 16 Nov 2016 00:00:00 GMT

Anyone charged with a crime has the option to post bail in order to be released from jail until the trial occurs. If you find yourself in a situation where you need to post bail , this information will make things a little easier to understand.

What Is It?

A judge sets bail. If you are unable to post it, then you remain in jail until and during your trial. If you post it, then you are free but still have to show up to the trial. In the event the charged party does not arrive at the trial, then the bail money is forfeited. Appearing at trial will return the funds. Essentially, a bail bond is your way of promising to show up to your court date.

Who Sets the Limit

The amount bail is set at will vary drastically depending on the crime you are being charged with. More severe crimes will have higher values. Your criminal record may also be brought into consideration. Ultimately, a judge just wants to make sure the charged party does not skip town before the trial.

In the event you and your family do not have the funds readily available to post bail, you can get a bail bond. This gives you the money you need now, and then you pay it back once it is returned to you with some interest. Learn more about this process by calling Daryl J. Walker Law Firm in Savannah at 912-232-0232.

Steps to Take After a car Accident

Wed, 21 Sep 2016 00:00:00 GMT

The first step to take after being involved in a car accident is to keep calm. The next five things you should do are listed below.

1. Call for Help

Call the police first. Even if it appears no one was injured, the proper authorities must be on scene to take an official report. Call an ambulance if there are injuries.

2. Get to Safety

If you can move your vehicle, get it to safety. If you can’t, ensure your hazards are turned on. If you have flares in your trunk, ignite them and cordon off the scene.

3. Document the Incident

Take photographs or video of the entire accident and shots close-up of damages and injuries. Also write down what happened, as you want the freshest recollection of the incident you can document.

4. Gather Everyone’s Information

Get the contact information of everyone involved in the accident – drivers and passengers – and anyone who witnessed the incident. Secure driver’s license and insurance information as well.

5. Don’t go at it Alone

Seek qualified counsel for help. You have a right to pursue your losses, including your medical bills, any lost income and your car’s auto body costs.

If the other driver or insurance companies dispute fault, you may be in for a fight. What to do after a car accident is to contact an attorney. Call Daryl J. Walker Law Firm in Savannah at 912-232-0232.

Steps to Take After Being Accused of a DUI

Tue, 19 Jul 2016 00:00:00 GMT

Everyone makes mistakes, but none impact your permanent record quite like a DUI accusation. Whether the fingers pointing in your direction are correct or not, there are several steps you need to take after one of these accusations is founded in order to protect yourself legally. If you’ve recently been the recipient of one of these allegations, consider completing the following process:

First, write down any information that could possibly be pertinent to the complaint. This should include when and where you were stopped, who stopped you, if anyone was in the car with you and other details.
Next, take care of any social media sites you have. Mark them as private in order to prevent law enforcement from gathering pictures and other information to use against you in court.
Locate witnesses who saw what went on that night and who are willing and able to attest to your sobriety in the situation. Establishing your alibi is always crucial.
Hire the right lawyer, who’s going to look out for your best interests throughout the process. Finding someone who knows what they’re doing can make a huge difference when it’s time to decide the verdict.

Don’t let worry about these accusations take over your life. Instead, follow these steps and prepare yourself for the legal process to come. To learn more about what a DUI lawyer can do for you, call Daryl J. Walker Law Firm in Savannah at 912-232-0232.

How a Wrongful Death Lawsuit Works

Mon, 23 May 2016 00:00:00 GMT

Wrongful death occurs when someone dies due to negligence on the part of a person, company or product. In many cases, someone can file a lawsuit on behalf of the deceased in an attempt to receive compensation to help with funeral costs, lost wages and related expenses. However, the process can be complicated.

Application of Laws

If the deceased could have filed a personal injury claim if he or she had survived, then wrongful death is applicable. Common cases of wrongful death include medical malpractice, car accidents, malfunctioning products or intentional death at the hands of someone else, such as during a robbery.

How to Prove Wrongful Death

The plaintiffs in a wrongful death case must be able to prove the defendant was negligent. This includes showing the defendant intentionally meant harm, was not paying attention when driving, did not create a safe product or was otherwise negligent.

Filing a Wrongful Death Claim

In most cases, someone who represents the deceased's estate files a wrongful death claim on behalf of the victim's survivors. Each state has its own definition of who qualifies as a survivor, but every state allows a spouse or parents of minors to file claims.

If someone you love died due to someone else's negligence, a wrongful death lawsuit that falls in your favor can assist you with loss of expected income or other financial aspects of the situation. To learn more about filing a claim, call Daryl J. Walker Law Firm in Savannah at 912-232-0232.