- Criminal DefenseExample: Sam borrows Mike’s lawnmower but never returns it despite Mike’s requests. Sam will be liable to pay damages to Mike under the theory of conversion. Note that this is a civil remedy which differs from any penalty imposed upon Sam under the criminal law of theft.
- DUI/DWI
- Wrongful DeathOklahoma law makes a distinction between persons who can file a wrongful death suit and persons who are beneficiaries. Only certain individuals can file wrongful death claims, and those that are allowed to sue do so on behalf of others. In Oklahoma, a personal representative of the deceased person may file a suit on behalf of the surviving spouse, children or parents. A personal representative is a person appointed by the estate of the decedent to represent the beneficiaries. If no personal representative has been appointed, the widow/widower or next of kin may bring the wrongful death action. 12 Okl. St. § 1054
- Traffic ViolationsPer vehicle mile traveled in 2006, motorcyclists were about 35 times more likely than passenger car occupants to die in a motor vehicle traffic crash and 8 times more likely to be injured. While motorcycles made up no more than 3% of all registered vehicles in the U.S., motorcyclists account for 13% of total traffic deaths. In 2007, 36% of all motorcyclists involved in fatal crashes were speeding, compared to 24% for passenger car drivers, 19% for light-truck drivers, and 8% for large-truck drivers.
- Sex CrimesThe Federal statute, the Omnibus Budget Reconciliation Act or “OBRA”, 42 USCA 1396 et seq. and 1395 et seq., and its interpretive guidelines, spells out how nursing homes are ultimately responsible for the health, medical care and well-being of their residents. A federal bureau known as the Health Care Financing Administration oversees compliance with these regulations. HCFA enforces guidelines for the evaluation, care and treatment of residents, aimed at maximizing the quality of each resident’s daily life and minimizing abuse and neglect. If substantial compliance is shown, certification of the home is continued and the home can continue to receive government funds such as Medicare/Medicaid. If not, the home may lose its ability to receive these benefits. Care is expected to improve as nursing homes take steps to prevent injuries and avoid litigation, which is increasing.
- Theft
- AssaultNote that this is different than what many people are familiar with in the context of criminal law, where assault and battery are terms that are defined by specific criminal legislation, which defines the criminal penalties imposed for engaging in certain acts, rather than the right to monetary recovery which is governed by personal injury law.
- Restraining OrderIf the evidence is removed to another location, it is important to put everyone on notice by certified mail, including owners, tow operators, wrecking yards, police impounds, and the like, that they must take every step to preserve important evidence, and the failure to do so will subject them to being sued for allowing evidence to be destroyed. In some cases, we are required to go to court quickly to get a restraining order and preliminary injunction in order to avoid alterations or destructive handling and testing of potentially incriminating evidence.
- Premises LiabilitySlip and fall accidents are the most common type of “premises liability” cases, which center on the question of a property owner’s duty to care for the property. Injury by fire or other accidents resulting from defects in the conditions of buildings also fall under this category.
- Construction LitigationSince toxic mold requires water to grow, buildings with moisture problems are highly susceptible to myotoxin problems. Delayed maintenance, insufficient maintenance, and construction defects are common reasons for toxic mold growing. Click on Frequently Asked Questions: Toxic Mold, to learn more about this issue.
- Property DamageYou are entitled to compensation for any damage to your property in addition to your physical injuries. Car damage typically accounts for most property damage awards. In addition to the loss of value or repair costs associated with your vehicle, the contents of your car may also be damaged in an accident, and you can be reimbursed for damage to this property as well.
- Personal InjuryThe Law Offices of Delluomo & Crow is a personal injury law firm dedicated to providing high quality, aggressive legal representation to victims of personal injury.
- Medical MalpracticeMedical malpractice is a form of negligence where an injury results from the failure of a medical professional or medical facility (doctor, nurse, medical technician, psychiatrist hospital, or healthcare facility) to exercise adequate care, skill or diligence in performing a duty. The determination of whether a duty of care is met depends upon the standard of care for that professional or facility in their community. In other words, the applicable duty arises from the accepted practices of other professionals or facilities in the same field and geographical area. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the community.
- Auto Accidents
- Dog BitesDog attacks represent some of the most gruesome personal injuries that are suffered, particularly where a child is involved (as is often the case). In its most recent study, the Center for Disease Control and Prevention estimated that at least 27 people died as the result of dog bite attacks (18 people in 1997 and 9 in 1998; See Dog Bite Data). Of 27 human dog bite related fatalities (DBRF), 19 (70%) were children (1 was 30 days old, 3 were between 7 and 11 months old, 9 were between 1 and 4 years old, and 6 were between 5 and 11 years old), and 8 were adults (ages 17, 44, 64, 70, 73, 75, 75, and 87). It is important to teach children to be safe around dogs to prevent these catastrophic events from occurring.