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Our St. Johns County DUI Lawyer Discusses Jurors and Psychology

May 19, 2015

St. Johns County DUI Lawyer Jurors sitting  in courtroom A St. Johns County DUI lawyer may decide to use fundamental psychological principles to help influence jurors. For a number of years, social scientists have evaluated methods that get people to say “yes.” Your DUI lawyer may discuss these principles with you.

Basic Principles

A St. Johns County DUI lawyer can explain that there are generally six principles that are necessary to get people to comply. This research has been conducted by individuals who are influenced by advertisers and sales associates. These principles include the following:

  • Reciprocation
  • Authority
  • Scarcity
  • Consensus
  • Consistency
  • Liking

Reciprocation

The principal of reciprocation is founded on the notion that one will receive something after giving something, such as giving gifts during holidays.

Authority

The psychological principle of authority is based on the notion that individuals who seem to have more authority are more influential.

Scarcity

Individuals are sometimes influenced by things that are in short supply. For example, if they are given confidential or limited information on a subject, this may influence their decision.

Consensus

This means that individuals are more likely to conform with principles because they see others doing them.

Consistency

Consistency is founded on the idea that individuals aspire to be consistent in their attitudes, words, beliefs, and life works. This particular principle comes into play during voir dire. If a DUI lawyer gets jurors to promise to do something, such as keep an open mind or to question how they would have reacted in the same situation, people will want to keep the promise that they made.

Liking

Generally speaking, individuals are more likely to help someone out if they like that individual.

Legal Assistance from a St. Johns County DUI Lawyer

If you would like more information on these psychological principles, contact a St. Johns County DUI lawyer at Canan Law by calling (904) 824-9402.

I Was Injured Tripping on a Sidewalk (Can I Sue?)

May 12, 2015

Have you fallen on a public sidewalk and believe you can sue? To ensure a successful case result, speak with your attorney about the details of the fall so they can explain if suing the city municipality is practical.

Contact a Personal Injury Attorney in St. Augustine

For more help with understanding your personal injury case, contact a personal injury attorney in St. Augustine from Canan Law at (904) 824-9402.

What Happens to the Defendant after a Civil Trial

May 5, 2015

handcuffs Lawyer in St. AugustineA lawyer in St. Augustine can explain what happens to the individual or entity that was responsible for your accident after your claim is filed. The process begins by the individual or entity being contacted by the appropriate insurance company.

Statements

A lawyer in St. Augustine may review statements that the individual who caused your accident or his or her representative provides to the insurance company. Often, these statements are recorded and may be accompanied by written transcripts of the conversations.

Continuing Contact

After the insurance company conducts its initial investigation, there may be very little contact between the person or entity that caused the accident and the insurance company that is handling the claim. It is uncommon for the insurance company to keep the defendant informed of the daily progress of the claim. However, a lawyer in St. Augustine can explain that this is sometimes not the case in medical malpractice cases. In the majority of personal injury cases, the defendant simply moves on with his or her life and hopes that the case will settle and be resolved.

No Settlement

In cases that do not end in a settlement prior to trial, your lawyer, you, the insurance company and the defendant move forward with litigation. The insurance company contacts the insured individual and provides a legal representative to the insured. However, the technical party of the case is the defendant, not the insurance company. Although the insurance company provides the representation for the defendant, the defendant is the true party. This is true even if the insurance company winds up paying the entire settlement or verdict. However, the insured individual must participate in the litigation process.

Legal Assistance from a Lawyer in St. Augustine

If you would like more information about what happens to the defendant, contact a lawyer in St. Augustine from Canan Law by calling (904) 824-9402.

 

Common Divorce Mistakes

April 23, 2015

Mature man toying with gold wedding ring on finger  St. Augustine AttorneyIf you are planning to file for divorce, our St. Augustine attorney can help. Statistics show that only about 5 percent of divorce cases end up in court, and the majority will settle before a trial. Although emotions are often frazzled during a separation, you can expedite your divorce by approaching it objectively while seeking a fair outcome for both parties. These suggestions can offer you a starting point on what you should not do when you are seeking to end your marriage.

Hiding Your Plans

If you plan to leave your spouse, tell him or her about your plans unless you are in physical danger. You will need to have your financial information available to give to your divorce lawyer and will need an inventory of your property. While some people try to hide what they are doing, it could backfire and break any trust between you and your soon-to-be ex. Your plans will eventually come to the surface, so it’s better to be honest from the start.

Refusing to Talk About the Divorce

Be forthcoming with your plans to end the marriage instead of waiting for your partner to find out from another person or indirectly. If you are not up front, you could increase the length of time and the costs of the divorce since your partner will have reason to question your actions.

Making Rude Remarks

You have already decided to end the marriage. You now need to behave maturely, especially if you have children. You will continue to co-parent them and should limit conflict as much as possible for their best interests. While it may be difficult, take the high road whenever possible.

Admitting Past Mistakes

You may have made some mistakes in your marriage and might think that you should be open about any indiscretions. However, while you might feel better about your guilt, your partner will probably become angry. Assess your reasons behind disclosing any prior sins, such as an affair.

Contact Our St. Augustine Attorney for Help

If you want additional suggestions on navigating the tricky waters of a divorce, talk to the professionals at Canan Law. You can reach our St. Augustine attorney at (904) 824-9402.

Should I Communicate with or Contact the Insurance Company of the Person Who Caused My Injuries?

April 16, 2015

You should not call the claims adjuster for the responsible party after a vehicle accident, especially if you have hired a St. Augustine lawyer to represent you. Instead, talk to your attorney about your concerns. He can find out the needed information for you.


 

Contact a St. Augustine Lawyer

For help with your claim, contact a St. Augustine lawyer from Canan Law at (904) 824-9402.

Florida Criminal Defense Lawyer Discusses the Criminal Profiling Process

April 9, 2015

Jacksonville Criminal Attorney handcuffed handsAside from solving crimes, what do the 1990s television show Law & Order: Criminal Intent, the 2005 television series Criminal Minds, and the 1991 film Silence of the Lambs have in common? A Jacksonville criminal attorney observes that the protagonists solved the crimes using criminal profiling.

What is Criminal Profiling?

Criminal profiling, also known as offender profiling, is a behavioral and investigative tool intended to help investigators to accurately predict and profile the characteristics and mindset of unknown criminal subjects or offenders.

How Does It Work?

Almost every factor related to a crime is used in criminal profiling, such as:

  • Forensic evidence;
  • Crime scene characteristics; and,
  • Victim characteristics.

There are multiple steps involved in criminal profiling:

  • Gather all the information.
  • Answer relevant questions with the evidence.
  • Collect the personality through the criminal’s behavior:
    • Antecedent – fantasies and plans the criminal had prior to the crime;
    • Method and manner – the way the criminal committed the crime;
    • Body disposal – whether the body remained or was removed from the crime scene;
    • Post-offense behavior – the criminal’s actions after the crime was committed.
  • Case linkage or linking analysis – process of determining whether or not there are discrete connections between two or more previously unrelated cases through crime analysis.
  • Create the criminal profile – age, race, sex, physiological characteristics, religious beliefs, intelligence, mental stability, etc.

Does It Work?

A Jacksonville criminal attorney understands the benefits to criminal profiling, but also the dangers of relying too much on criminal profiling. Incorrect information from profiling could lead to false positives or negatives. At times, investigators may find a suspect who appears to fit an incorrect profile and ignore or stop investigating other leads.
Another problem is the lack of solid empirical evidence to support its use by investigators or in the courtroom. Several studies or scientific tests revealed that those specialized in criminal profiling did not do any better than those people that did not have this specialized training.

Contact a Jacksonville Criminal Attorney

For more information, contact a Jacksonville criminal attorney with Canan Law at (904) 824-9402.

Lawyers in Palatka Florida Explain Why Proving Medical Malpractice Is So Difficult

March 9, 2015

lawyers in palatka floridaIt is difficult to miss the plethora of stories about successful medical malpractice cases. The legal world is a difficult business, and attorneys compete for cases that they think have a chance of success. Unfortunately, the truth is that most medical malpractice cases do not succeed. There are numerous reasons for this, beginning with finding qualified and experienced lawyers in Palatka Florida.

Finding an Attorney Who Can Fight for You

Medical malpractice is a very specialized area of personal injury law. For this reason, it can be challenging to find a medical malpractice attorney who wants to take your case, let alone one with the background to provide sufficient legal counsel. It is important that you find lawyers in Palatka Florida who specialize in medical malpractice.

The following are some reasons for this:

  • Medical malpractice cases are generally much more expensive than their personal injury counterparts. This is in large part because a successful case almost certainly will require the testimony of one or more medical experts, and these are costly. Your attorney will need to be prepared to bear the burden of these costs should your claim be unsuccessful, and one who does not specialize in this area is unlikely to be willing to do so.
  • Many doctors are unwilling to testify against one of their own; therefore, it is difficult to find such a doctor. A strong and experienced attorney will have a list of doctors who can be relied upon for such testimony.
  • Medical malpractice cases deal with complex issues, thus the need for a medical expert. Unless your attorney is very strong in the field of medical malpractice, she is unlikely to be able to deal with these complex ideas when presenting them to the jury.
  • An insurance company is unlikely to respect an attorney for the plaintiff who has no background in medical malpractice. A settlement is less likely to be forthcoming, therefore.

The Challenge of Proving Your Case

Even with a strong medical malpractice lawyer who specializes in this very technical field, it can be quite challenging to prove your case. One reason for this is that it is difficult to show the doctor’s negligence. Often the only real evidence is the notes kept by the doctor. The doctor is unlikely to acknowledge an error on his part, even in his notes. Such notes, indeed, can often be very difficult to understand. Another challenge you will find is that juries tend to side with the defendant in medical malpractice cases. This may be in part because they realize the difficulty inherent in diagnosing and treating medical conditions. There are often a number of different ways to treat a particular disease, and proving that the doctor was negligent can be problematic unless an obvious error was made.

Don’t Be Discouraged from Seeking Compensation

If you are a victim of medical malpractice, it is important that you don’t become discouraged by the difficulty you may face in proving your case. Knowledgeable lawyers in Palatka Florida may be able to help. Call Canan Law for legal expertise now at 904.824.9402.

Express v. Implied Consent and Medical Malpractice

March 3, 2015

personal injury attorney in st. augustineWhen you receive certain treatments, a health care provider needs your consent. Family members may give consent on your behalf if you were unconscious. Failure to obtain express consent could be considered negligence or even medical malpractice if you were harmed as a result.

What Is Express Consent?

Express consent is when you specifically consent/authorize a medical treatment. However, just agreeing to the procedure is inadequate. You must give an “informed” consent, which includes information about:

  • Name of the procedure;
  • Any anesthesia or other medications that may be utilized;
  • Potential complications;
  • Additional surgical procedures that the surgeon may need to perform in the event of a complication;
  • Side effects of the procedure;
  • Risks associated with the procedure; and,
  • Alternatives to the procedure.

Generally, you are given a written consent form that embodies some or all of the above information. A doctor will arrive in your room to go over the form and answer any of your questions or concerns. After signing the written consent form you will then undergo the procedure.

A personal injury attorney in St. Augustine explains that the purpose of informed consent is to ensure that you understand the chances of success and failure of a given medical procedure.

What If I Did Not Consent?

Medical malpractice claims over lack of express consent occur when, for example, a surgeon performs surgery on the wrong body part or decides to perform a secondary, non-emergency, surgical procedure when the patient only consented to the single procedure identified in the consent form.

Express consent issues may arise when a complication occurs during the surgical procedure, but the consent form:

  • Failed to identify that particular complication as a potential complication;
  • Downplayed how common the complication occurs; or,
  • Differed from the doctor’s explanation or description of the complication.

Not every complication needs to be listed on the consent form. Generally, the more likely complications will be discussed, but not the rare ones. However, a personal injury attorney in St. Augustine will argue that although the complication is rare, it is a well-known complication that has been discussed in medical literature and therefore, you should have been informed for that complication.

What Is Implied Consent?

Implied consent is when consent is inferred from the circumstances. Patients often give implied consent to non-surgical medical treatment by having the treatment or procedure such as undergoing a physical examination or receiving a flue shot or vaccination.

Are There Exceptions?

There are circumstances when your express consent cannot be obtained:

  • Implied consent is given during emergency situations, such as:
    • You require immediate treatment but you’re unable to provide consent due to unconsciousness and lack of relative or guardian; or,
    • When responding to a complication during surgery.
  • Your parents, relative or guardian will provide consent if you are:
    • A minor; or,
    • Mentally incompetent to provide consent.

Contact a Personal Injury Lawyer in St. Augustine

For additional information, contact a personal injury attorney in St. Augustine with Canan Law at (904) 842-9402.

 

 

Your Jacksonville DUI Lawyer Tells You Why You Were Pulled Over

February 19, 2015

If you have been pulled over by the police, you should find out if the stop was conducted legally or if your constitutional rights were violated. Did the police go by the book or did they search your car without any reason? Talk to a Jacksonville DUI lawyer to find out what the police are allowed to do.

jacksonville dui lawyer

Contact Your Jacksonville DUI Lawyer

For more help with your case, contact a Jacksonville DUI lawyer at Canan Law by calling (904) 824-9402.

The Law Offices of Patrick T. Canan in St. Augustine, Florida represents clients throughout St. Johns County, Duval County, Flagler County, Putman County, Clay County,
and the cities of St. Augustine, Ponte Vedra Beach, Palm Coast, Palatka, Green Cove Springs, Bunnell, Flagler Beach, Hastings, Crescent City, Interlachen, and Jacksonville.

The Offices of Patrick T. Canan | 1030 N. Ponce de Leon Blvd | St. Augustine, FL 32084 | Telephone 904.824.9402 | Fax 904.824.9269
Email generalinquiries@cananlaw.com | For emergencies, call 904.716.3450 | Office Hours: 8:30-5:00 Monday through Friday
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