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Tips for Maximizing Your Settlement in a Personal Injury Case

In the aftermath of a personal injury, it’s easy to stay focused on recovering physically to the exclusion of taking steps to recover financially. While this is a natural and reasonable response to getting hurt, it can become an expense mistake in the long run, and one that may be difficult to fix. What follows are some straightforward tips to maximizing your settlement in a personal injury case; the list is not comprehensive and is not meant to substitute for speaking to a licensed legal professional about your case, but they can give you a good starting point.
Retain Counsel Early in the Process – While your primary focus after you have been injured will, and should, be healing, finding a lawyer early in the process can make a significant difference. The negligent party will likely hire a lawyer quickly, and it is important to protect your rights from the outset. Particularly if the opposing lawyer works for an insurance company, he or she may present themselves to you as trying to expediently help you. In reality, the goal is to lock you into a set of facts and get you to agree to a settlement before all the facts have even been examined. It is important to remember that no matter how they present themselves, they do not have your best interest in mind because you are not their client.
Control the Flow of Information – This corollary to the above tip is most easily accomplished by your lawyer and should begin as soon after the accident as possible. This will include details like what information is shared with your insurance company, the opposing party’s insurance company and lawyers, potentially the police investigating the accident, and anyone else looking for details on what happened. While the facts of a case are set by what happened, the way in which they are constructed and presented can be influenced by a skilled attorney. In order to maximize your settlement, do your best to allow your lawyer to do this.
Hire an Experienced Lawyer – When selecting the attorney to represent you in your personal injury case, it is important to pick a lawyer who has experience with the specific type of injury from which you suffered. The reasons for this are twofold. First, the legal elements of each injury may differ depending on the full set of circumstances surrounding the case – did it involve a car, a faulty product, premises liability? Second, the medical evidence involved may be or become quite complex. Only through experience can a lawyer really understand this level of technical evidence and effectively intertwine it with the other facts of your case.
Research Attorneys Before Hiring One – Another significant advantage of hiring an experienced lawyer is that it will influence the settlement negotiation. While any competent lawyer should be able to adequately handle your case, one with a strong reputation will impact the opposing side’s interest in settling. When conducting your investigation of the attorneys you are considering, look to see how many cases they have been involved in, how many of them involved your type of injury, how many they won, and what the average settlement was that they secured. Some of this may be difficult to find and may need to be asked in an interview process. It is also important to ask each lawyer how they see the facts of your case – what should your expectations be given the facts.
Choose a Lawyer With Whom You Are Comfortable – Personal injury cases involve the sharing of a great deal of personal, and often embarrassing information. If the lawyer who is representing you does not put you at ease, you will be less likely to be as helpful as needed to obtain the maximum settlement. Furthermore, if for any reason your case does not proceed as expected, having a lawyer you trust will help you find peace that the best outcome possible was reached, even if not the one you wanted. In the long-run, having this security is invaluable.It appears that your web host has disabled all functions for handling remote pages and as a result the BackLinks software will not function on your web page. Please contact your web host for more information.…

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General Article

Credit Card-Not-Present Fraud – A Safety Guide For Merchants

Credit Card-Not-Present Fraud – A Safety Guide For Merchants

Merchants who accept credit card-not-present transactions are at a higher risk of receiving a fraudulent sale than a card present merchant. Criminals do not have to identify themselves or physically present a credit card to be swiped. Online purchases, phone orders, and catalog sales are examples of when a credit or debit card would be keyed-in, not swiped. These card-not-present merchants must take special precautions to ensure they will not be the next victims of credit card fraud. Here are some things to look for when accepting card-not-present (CNP) transactions.

First Time Shopper

Ecommerce merchants, phone order merchants, and catalog sales merchants should always be wary of first time customers. Criminals are always looking for new victims to scam. Ensure that you are using the AVS, or address verification system, and the card security code (CVV2) to reduce your chances of getting stiffed.

Unusual Orders

If you receive an order that is larger than normal, or an order that includes a lot of the same item: be suspicious. Using the same card for multiple orders in a short amount of time should also cause an alert. Criminals succeed at credit card fraud by ordering big and fast before a card can be shut down. Criminals also intend to re-sale their stolen goods. The bigger inventory they have, the better chances they have on the street.

Big Ticket Items

Criminals love to use stolen or counterfeit credit cards to obtain big-ticket items. Big- ticket items will have the largest resale value and make them the most profit.

Rushed Orders

Any time a customer requests “rushed” or overnight delivery take notice. Criminals need to have their stolen goods delivered fast before the card is alerted to authorities and shut down.

International Shipping

International orders are a big red flag because AVS cannot validate addresses outside of the United States. Canada and the United Kingdom are an exception.

Unusual Shipping

Be on the look out for transactions placed on multiple cards with one shipping address. Or, multiple shipping addresses for transactions placed on one card. Unusual shipping could indicate a ring of counterfeit activity.

Similar Account Numbers

Criminals can create counterfeit credit cards using illegal software. Many times these programs create account numbers that are closely related. Take the time to look closely at account numbers and note similarities.

Single IP Address

If you receive transactions from multiple cards from a single IP (Internet Protocol) address, take a closer look. Criminals with stolen or counterfeit credit cards will often “run” them through the same computer.

Free Email Accounts

Fraudsters utilize free email accounts to use in the check out process because there are no records or audit trails leading back to their identity. There is no billing relationship or verification of the person who has opened the email account.

Card-not-present fraud is popular among credit card criminals because their identity is anonymous and they do not physically have to present a credit card to be swiped. The best things a CNP merchant can do to protect themselves is be aware of suspicious orders, utilize the AVS, and always ask for the CVV2 security code. If you are in doubt, you can always ask for an alternative payment.…

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General Article

We Think, Therefore We Commit Crimes

We Think, Therefore We Commit Crimes

People think, therefore they commit actions of choice. Criminals think, therefore they commit crimes. This is not a very complicated notion, or is it a new concept. What becomes complicated are the processes and actions that follow, coupled with academic attempts to explain the subsequent acts. In very broad general terms, criminal behavior can be formatted and analyzed from the assessment of crime scene, but not to a point of perfection. Assessment, profiling or whatever you want to call it, is no more and no less just another tool for law enforcement. Just like lifting fingerprints, interviewing witnesses, or gathering other physical evidence, criminal behavior assessment is basically guesswork. Human behavior is not subject to strict codification or precise parameters by which exact measures can be deduced. Probabilities can be asserted along a continuum, whereby we can understand the thinking processes of criminals to the junction of potential prediction, but not absolute prediction. This is predicated, of course, on the assumption that certain elements exist within the known environment by which such predictions can be based. It is frequently suggested that criminals form pre-crime thoughts in an effort to individually and collectively carry out their criminal behavior intentions. Interdicting at this point in time would be unique and advantageous from a law enforcement perspective.

Motivations or personal agendas so to speak, set the stage for intentional selection for results that are either good or evil. Evil is the darkness of the human mind that fosters all manner of opposition to the positive and productive aspects of life. It is life negation in contrast to life affirmation. Conscious or subconscious thoughts take relevance and manifest themselves into real levels of expression with a significant probability of repetition. Thinking processes are the foundation of potential criminal behavior. People can be inspired by their thoughts for doing both good and evil. The pursuit of certain thoughts is grounds for criminal activity. People are a dichotomous expression of being on the one hand selfish, self-indulgent and self-centered in nature, yet also law-abiding, decent and considerate on the other. From an investigative standpoint, one can never underestimate the depravity of human beings. Human nature is not to be trusted to an absolute sense in all situations, under all varieties of conditions. Yet, everyone is still ultimately accountable and responsible for his or her actions, regardless of station or position in a given socio-economic context. Of course, some would use their status to place themselves above the lawful necessity of accountability and responsibility. And, as a result of one thinking that he or she can make choices contrary to accepted legal policy or social acceptance, criminal behavior becomes probable.

Criminal actions are probable due to personal decision-making. Such actions devolve toward personal choices associated with power and control issues. Criminals basically commit crimes because that is what they want to do. A person’s code of morality is influenced by philosophical fallacies of belief. This affects the thinking process. People basically do stupid things. The depravity of behavior is most likely unfathomable to most people. Criminals think before they act. The thoughts are there long before the event takes place. Thinking becomes the basis to rationalize the behavior and ultimately blame the behavior on someone or something else. So, crime analysis is probably more descriptive of the actions.

The formulation of criminal plans (thinking processes) begins with the thought of doing the acts upon which one desires. Plans to do harm are not sudden and impulsive. They occur over a distinct period of time in the brain, or “mind”, of the thinker. And, there is a high probability that since we are biologically oriented individual, our sexual drives and desires may influence our decision-making (choice we make) in terms of the crimes we commit and additions we create.

The thought processes emerge in some behavioral aspect, such as physically, verbally, and nonverbally, as well as symbolic behavior. Outward behavior is indicative of the inner thoughts of the person. Interpersonal communication is one of the keys to dealing with aspects of criminal behavior. People in general use various forms of communication to suggest their feelings, value system, lifestyle, attitude and thoughts. From tattoos to bumper stickers, to physical gestures and slogans, people, and in particular criminals, reveal indications of one sort or another as to their inclinations. Physical being is an expression of presence and that presence translates into wants and presumed needs. Whether by word, symbol or deed, the inner thoughts surface and become the outer actions of mind over matter so to speak. And, sometimes these outer actions become anti-social in nature. There is a deliberate desire to do the thing contemplated, whether the thoughts are short-term or long-term in transformation. Thinking is doing, acting, believing and experiencing. Various acts …

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General Article

Why Do We Lawyers Defend Sex Offenders?

Why Do We Lawyers Defend Sex Offenders?

As a New Jersey criminal attorney who defends people accused of Megan’s Law offenses such as child molestation, Internet predation, child endangerment, wrongful sexual touching, child pornography, luring and aggravated sexual assault upon a child, I am frequently asked, “How can you represent somebody who did such a thing?” The answer is that I enjoy it.

To begin, it is important to remember that criminal lawyers endorse neither the crime nor the alleged criminal. Our job is to examine, and then challenge or discredit, potentially incriminating evidence produced by the state against our client. This is the only way to ensure that the police and the courts give everyone the full protection of our legal system. We prevent them from convicting defendants until after the state has proven guilt beyond a doubt.

Our sexual offense clients are flesh-and-blood people to us, not mere names in a newspaper article or faceless monsters. They may be anyone. Male or female. A pillar of the community or a scofflaw drifter. A first-time defendant or a repeat offender. Some earn millions of dollars, others are unemployable. But they are all people who are very afraid, and rightfully so. We understand that. Our sexual offense clients are not just numbers and statistics any more than their alleged victims are. They are someone’s child, parent, aunt or uncle, brother or sister, best friend or neighbor. Each is entitled to the protection of the Constitution. In Megan’s Law cases, even that protection needs protection.

The vigorous defense of an alleged child abuser, internet predator, or child pornographer not only protects the defendant’s Constitutional rights, it protects the Constitution itself. Experienced defense lawyers look for defects in the government’s case violating a person’s rights and allowing unreliable evidence into the case. Did the defendant have an attorney at all critical stages? Were all searches and investigations legally performed? Was the arrest Constitutional? Was a confession voluntary and informed? Was there entrapment? These protections are not loopholes through which guilty defendants might slip. They are fundamental protections built into our justice system that help ensure the fairness of a prosecution and the validity of a verdict.

People accused of child sex abuse are in particular need of these protections. Despite the Constitution’s declaration that they are innocent until proven guilty beyond a reasonable doubt, in reality they are presumed by almost everyone to be guilty, even before the evidence is known. Friends stop calling. Family members keep their distance. Employers downsize them. Customers go elsewhere. Once a person is charged with a sex crime, his life will never be the same, even if no evidence is ever produced. No other crimes are like this.

Representing alleged sex offenders is a defense attorney’s special challenge. A Megan’s Law defendant may have committed reprehensible acts. Perhaps he didn’t. The prosecution will work hard to prove that he did. The defense will scrutinize and analyze that proof. We will present it in the light most favorable to our client. We will voice his every defense. But defense lawyers do not judge defendants. Juries do that. We just ensure that the Constitution continues to work… Our pleasure.…

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I Am Victimized! What Next?

I Am Victimized! What Next?

In the world we live in today, being a cyber crime victim is no alien thing. According to a report by RSA reports on Cybercrime, 2011 was a year of new advanced and sophisticated threats whereas in 2012, cybercrime was found diverging down a different path as new financial malware variants emerge. The entire cybercriminal community seem to effectively find new ways to capitalize sensitive data, with newer and blended attack styles. A rise in hacktivism-related attacks is also found.

Now it’s not just viruses, spam or malware; it’s moved a step further to Trojans, Bots, and online frauds like Phishing, Pharming and Smishing. Identity theft, data leakage and scams are yet another set of concerns for innocent online users. Escaping from such attacks becomes even more difficult with threat coming disguised in form of well wishers and friends or people known to us. A single hacked account is enough to facilitate change in privacy settings for many accounts/profiles.

In scenarios when you realise you have been victimised through any forms of cyber crime, there are few steps or measures you can take to ensure minimum harm or even prevent further spread of the threat.

– The first step should be to analyse the harm done by the attack or scam. As a user many a times you may be unaware of the extent of harm done to you or people sharing the online space with you, and the cause of the attack on you. In such case, the first thing you should start with is to analyse your attack touch points.

– One of the primary steps you should take is to close any account that has been infected, to avoid further spread of infection to your friends or people connected to you online.

– Yet another way to stop the evil intentions of the attacker is by disconnecting your system network connections. This will terminate the external attack process initiated by the attackers.

– Once you are disconnected, the next advisable step would be to scan your system using effective and original updated security software.

– Having a fool-proof back-up of your sensitive data always helps. In cases of your data being leaked or used, you get an additional option of deleting your data online, if you have a back-up ready. A back-up also helps in case your stolen data is erased or deleted by the crimeware itself.

– Check for the exact amount of harm or theft that might have happened. Get clarity on both the data and identity theft separately, and report in cases where you are bound by regulatory compliance requirements to report data/identity theft.

As always said, precaution is always better than cure, hence choose a good security solution and stay updated on the latest cybercrimes doing the round. Subscribe to Cyberoam blog for the latest on network security.…

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Law Firms

What You Should Know About a Claim of Negligence

In our society, people have a duty to behave in a way that does inflict physical or emotional harm upon others. If you have suffered as the result of another person’s negligence, you may be entitled to compensation. Compensation is usually in the form of a payment.
Some of the most common claims of negligence include a vehicle accident, work accident, slip and fall, defective product, and medical incompetence, including dentistry.
People have a legal duty of care not to act recklessly to others. Duty of care can be considered a social contract held by individuals towards others within society. It is the first factor that must be established to proceed with a claim of negligence. The plaintiff must be able to prove that the defendant breached a duty of care which resulted in significant damage either physically or psychologically. .
A claim of negligence can also result in receiving special damage compensation. You may be entitled to receive all losses associated with the injury. This includes: loss of wages, property damage such as a vehicle accident, costs for rehabilitation, medical costs, and, added expenses resulting from the injury such as car rental expenses, and pain and suffering.
To make a claim you have to prove that you suffered a loss as the result of someone’s negligence. Some examples include:
– Another driver was speeding and crashed into your car
– A doctor administered the wrong medication.
– A company allowed a contaminated product to be sold
– Severe injuries resulting from a dog attack
– An injury resulting from an unsafe working condition.
Once a duty of care negligence exists, the plaintiff must show that the defendant breached it. Breach involves proving that the defendant’s actions resulted in breach of standard care. This can vary because most professions have different standards of care. For instance, a physician’s standard of care is different from a lawyer’s standard of care. The breach is proven when the plaintiff shows that the defendant’s actions fell below a reasonable standard of care and directly caused the injury. If a defendant can prove that every precaution was taken, but the injury still occurred and would have likely occurred, then the plaintiff will not prove negligence.
If you think you have suffered an injury as the result of negligence, you may be able to make a negligence claim in civil court. Because negligence claims are very complicated, it is important to seek legal advice before proceeding. There are personal injury lawyers that specialize in specific areas of negligence. It is important to consult a lawyer who specializes in the area of your particular injury. For instance, a brain injury lawyer will have expertise in traumas associated with the brain. They will have a list of medical experts who specialize in brain conditions. Because states vary regarding the time limits to make a claim of negligence, it is important to consult with a lawyer as soon as possible. Ask your lawyer to review your claim to see if negligence has occurred. A personal injury lawyer will be able to tell you if you have a valid negligence claim. It is a good idea to consult with a couple of lawyers to make sure that you are receiving an accurate claim assessment.
Suffering an injury can be a traumatic time for victims and their families. If you feel you have a claim of negligence, you may be entitled to compensation. A personal injury lawyer will fight on your behalf and free you of the stress associated with a civil court case. You will be able to focus your attention on recovery.…

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To Profile Or Not to Profile – This Appears to Be the Question

To Profile Or Not to Profile – This Appears to Be the Question

We study criminology almost to the point of exhaustion, and we came up with some pretty interesting statistics; statistics that are indeed so relevant that they almost cannot be denied. Profiling is nothing new, we know an awful lot about the subject, still, when we mention the word many of us cringe. Why?

Well, for instance, the question brought forth in the popular movie Minority Report tells us why, a story that has a future setting where people are arrested prior to their crimes and there is a pre-crime division that goes out to get them, just before the act. This topic both fascinates us and scares us, and the nature of probability and predictability is far to upsetting for most people to wish to discuss.

Not long ago, I met a gentleman with a huge “probation” case load of 125, that’s six clients (convicted criminals) a day if you see each one once per month and thus, it must be tough to really make an impact, especially “high-risk” criminals, gang members and such? He indicated that they focused on the highest risk repeat offenders, which makes sense, of course, that does involve profiling.

Yes, we do profiling; we almost have to in order to get all the police, corrections, and criminal justice done efficiently in our nation. In fact, I was sitting at the Quantico, VA Starbucks and had this conversation once with someone there; he was going for his finals for the FBI criminal corruption division. Profiling helps them catch criminals pure and simple.

The issue in society becomes; what do authorities say to someone who asks them about “risk levels” and then likens it to “The Minority Report” I mean, how do you side step or straddle the issue, and still maintain the rule of law; as in we are all suppose to be equal under it? Currently, I am reading; “Mind Hunter – Inside the FBI’s Elite Serial Crime Unit” by John Douglas and Mark Olshaker; and you’d be amazed at how well they are able to profile and catch criminals.

Currently, this whole issue of pre-crime, rule of law, and preventing future crimes is in the news at a whole new level of discussion, even changing public policy as we speak, and this is a hot topic right now, for instance:

Profiling is necessary and what we train our computers to do, we often deny our policing agencies to do, many believe to our own peril. Yet, we do profile in many places, for instance probationary work in our society, and it seems these departments has no choice but to deal with what they consider “high risk levels” of repeat offenders just to handle the case loads. Unfortunately, as much sense as this makes, it also runs somewhat contrary to some of the academic legal thinking on the topic? See the problem?…