This week’s news that former heavyweight boxing champion Mike Tyson struck a passenger worked its way through the news and social media. The former champ has been accused of violent crime before– and the most recent incident shows that there is likely more to the story. Furthermore, there are likely many legal issues at the root of this.
Some include criminal law if the former boxer is charged. Some may consist of civil law if Tyson is sued for what he is alleged to have done. There’s a lot more to this issue, so we sat down with a legal expert to chart out what may be coming next. We discussed the topic with Los Angeles personal injury expert attorney Michael Ehline for his perspective.
Will Mike Tyson be Arrested?
This one is not as clear. As you may remember, the boxing legend and former champ got arrested and imprisoned for alleged rape. He has had a checkered past with a variety of accusations and concerns. So far, the video of the drunk guy challenging Tyson has not led to an arrest.
Details of the incident are still coming out. The fact that the other passenger was highly intoxicated on the plane may also make the situation more complex. Police have been quiet about the topic and have provided minimal details of the police investigation as of Friday. After the physical altercation and the video of the incident with non-life-threatening injuries on the plane, there is a chance that a person will be arrested.
It is unclear whether it will be Mike Tyson or the unruly guy. The fight was recorded– and the video punching was precise enough.
What Happened in the Mike Tyson Plane Fight?
If that’s what you’re thinking, it wasn’t a heavyweight match in Las Vegas. However, the incident on the flight meant that the situation aboard the plane led to footage of a fight on the flight. It was quite the scene from the content released of Tyson and the man. The San Francisco Police Department has released little information about the San Francisco International Airport event. The event left a man with non-life-threatening injuries with bleeding from the man’s face.
What is TMZ Reporting?
According to TMZ, Tyson was provoked into the fight by a man who was provoking him from a seat. Authorities have made little comment on the subject, but the world is much more aware due to a video obtained by TMZ.
TMZ Sports reports that Mike Tyson got into the fight while waiting for a flight from San Francisco to Florida. According to sources, the person seated behind Tyson was overly talkative and intoxicated. According to a witness, the other party started to whisper in Tyson’s ear, leading to the altercation.
Videos, as well as photos taken after the flight, show what happened during the fight. The other guy’s face was bloodied, and he received medical attention. According to TMZ, the man went to the police, but we haven’t heard anything else about what they plan to do.
What is the Likely Result for Former Heavyweight Boxing Champion Mike Tyson?
With San Francisco police not discussing the event Wednesday night, it’s impossible to know what will happen next. We have two subjects in the case– Mike Tyson, who threw several punches on video, and the other unidentified guy.
The latter apparently would not stop provoking Tyson, leading to the throw of hands. Jetblue hasn’t commented on the file, either. TMZ was told a portion of the passengers’ tale. However, little information is coming out at this time.
Could Mike Tyson be Sued?
This gets down to the heart of the matter. We haven’t heard anything from the officers yet. Would it be within the rights of the man whose head was struck to sue? Quotes from passengers and no statement from a police investigation leave it anyone’s guess.
However, Tyson’s history and his previous detention and conviction for rape might be a danger here. The struck passenger could sue for various causes, primarily related to the apparent battery. Most likely, San Francisco would be the jurisdiction where such a trial would be held, considering that the incident happened at San Francisco International Airport.
Because the other man sustained injuries, the case may be much more open and shut than you expected. There is ample evidence of the harm Mike Tyson allegedly caused to the other person on the plane.
What happened isn’t entirely clear, but we know who was involved and the significant importance of his celebrity. The video and medical bills are evidence of a physical altercation and harm done to the other passenger.
What Should You Do After an Assault?
If you fly and are in a similar position as in this case, you have rights. There are criminal proceedings you should likely pursue first. However, in battery cases, there is more than just a sidebar regarding personal injury. According to the gossip outlet, Tyson started throwing punches– and people were witnesses.
After filing a police report, the short version is to contact a personal injury attorney who can help you through the entire process of becoming whole again. The attorneys at the Ehline Law Firm, Personal Injury Attorneys, and APLC are among the best in California and can help in any similar situation. Our experience is second to none—ask our former clients!
I admit it. I am guilty; I laughed when someone sent me a “popcorning” video. But I regretted laughing. Because after I had watched it a few more times, my laughter turned to rage and disgust.
This type of prank belongs in the same category as the “Knock Out Game.”
But in many of these popcorning cases, there may be a way to get some monetary damages. But most street thugs knocking people out will not always have assets. Exceptions include them being in the course and scope of employment. An example would consist of a McDonald’s employee knocking a person out during business hours.
Popcorning Defined:
Popcorning seems to be the newest fad that has hit the internet. But it has genuine effects in the real world for bystanders and other innocent people who got pranked. Popcorning begins by taking an unexploded airbag from a motor vehicle.
Next, it explodes under an unsuspecting victim sitting on the bag, setting it off. But this practice’s damages and spine injuries make it much more than just typical college-type shenanigans.
Pop-corning has the makings of a civil and even a criminal battery. Also, it likely was unconsented to physical contact. Further, it causes injury and harm (Defined Here.) Think about that before you jump on the bandwagon.
BEWARE – Airbag Pranks Lead to Serious Injuries!
Intended to be just a lighthearted joke, it has led to severe injuries to individuals and property damage. Watch some effects of the practice below.
What starts as what you think will be a single small explosion quickly escalates to an explosive, jarring injury. Watch below at 1:16 to see the effects of one on an individual.
These injuries could widely range due to these airbag explosions. Some include ruptured eardrums, lacerations, and soft tissue damage. Others result in fractured bones and brain damage or even death. And these injuries are nothing to joke about. They could lead to significant medical bills and emotional trauma.
One injury was so severe that a concussion likely followed, as seen below:
One reason why such pranks cause so much damage is that pranksters don’t believe grave dangers exist. Also, since the victim does not know the prank, they do not correctly brace themselves. In one case reported in the U.K. Daily Mail, a teenager that took part in popcorning was severely injured. The 19-year-old suffered spinal damage, as described by one of his friends:
“I don’t think he thought it was going to hurt as much. He couldn’t walk after it happened, he lay in the bush for about half an hour. In the end, we picked him up and took him to the hospital in my mate’s van.”
What Are Some Examples of Airbag Pranks in the News?
“Diana has had enough; she wants to get revenge on Margot by using an airbag and placing it under a chair. Later, Diana ordered Margot to sit on the chair. After Margot refuses, she accidentally pushes Diana on her airbag, allowing it to explode and send her flying over the railing (hence the death name) and hitting the ground, killing her. Margot was horrified after seeing Diana dead.” https://1000waystodie.fandom.com/wiki/Somewhere_Over_The_Railing
If you or a loved one was hurt in such a prank and suffered an injury, do something about it NOW! Don’t let the medical bills pile up while you grieve and go along with the joke. Skilled attorneys specialized in prank injuries, such as Ehline Law, will be able to assist. So that means we assess the causes of the injuries, their extent and long-term costs, and your legal rights.
Call us today for more information 24/7. After all, we will come to you for a free, no-pressure consultation anywhere in California and assess how to proceed. Plus, our firm uses experience with similar personal injury claims. And we investigate whether the pranksters, property owners or others are responsible for your injuries. Also, if so, we hold them liable in and out of court.
The prank was often on the unsuspecting victim at a garage, business, or private home. Sometimes the jokester owns the property, or perhaps a relative does. Also, a policy of insurance will probably cover the event. And we injury lawyers go after that money for you. So it’s time to get you some money for your suffering, lost work, or loved ones. Call us today to speak to one of our caring attorneys. Let’s discuss seeking out and finding some insurance coverage or assets. Michael Ehline or his staff may be reached at (213) 596-9642.
Coming on the heels of Tom Girardi and all the new State Bar IOLTA rules he forced on us honest lawyers, I felt this article focusing on unethical attorneys was appropriate. Having grown up on movies like The Rainmaker, I am very familiar with this topic as a blue-collar worker and now a white-collar personal injury attorney in Los Angeles. But sadly, this practice takes place in many states, according to the American Bar Association.
In a car accident or a personal injury event, you want a reliable personal injury lawyer by your side—someone who genuinely cares about accident victims with a goal to engage and represent their best interests cheerfully. However, in Southern California, the accident victim must be on the lookout for ambulance chasers after dollars, especially after a car accident.
This article by Los Angeles personal injury attorney Michael Ehline seeks to explore the ethical rules, professional conduct, and other issues with the state bar. In the end, this hyper-focused article will explain how to get a referral to seek compensation from bad lawyers who broke professional ethics rules to solicit business.
If you hire the wrong lawyer, the advice you obtain here will help you. Even if you live in another part of the world, reading this piece is in your best interest to help you decide your next steps and protect your legal rights as an accident victim.
What Is an Ambulance Chaser?
Definition: The term “ambulance chaser” is a derogatory word that refers to a personal injury attorney who solicits accident victims using low-class, pernicious methods that reduce public trust in the legal profession.
The Act: Ambulance chasing, also known as “barratry” or “unlawful solicitation,” involves the unethical and often illegal practice of lawyers or individuals contacting accident victims or their families shortly after an accident to encourage them to file a lawsuit or claim.
Sometimes, these lawyers “chase” ambulances to accident scenes. Their goal is to hand out business cards and offer legal services to stressed-out people who just got injured. They aim to capitalize on vulnerable victims and the ensuing chaos they face, making it easier to get a signature on the dotted line.
These vultures in eagle’s clothing may make enticements like a cash advance, huge settlements, or another false promise to get your signature on a retainer agreement.
Are Ambulance Chasers Bad?
Absolutely. Besides breaking the ethical rules, ambulance pursuit attorneys rarely deliver the individualized care and assistance you deserve in your case. These charlatans will often seek quick resolution but do not always negotiate an ideal outcome for their clients. They are also known for using their family members or friends with other companies to offer you high-interest case funding loans and cutting deals with doctors to inflate your medical bills, leaving you broke while they make a quick buck!
Legal Standpoint on Ambulance Chasers in California
California has codified a strict, punishing legal framework for bad actors chasing ambulances. Yet, this is still a common practice that has greatly harmed the reputation of the legal profession across the country.
Civil and Criminal Penalties for Ambulance Chasing in California
In California, both civil and criminal penalties can apply to those engaged in ambulance chasing:
Civil Penalties:
State Bar of California: The State Bar of California, which the lawyer community can take disciplinary actions against attorneys involved in ambulance chasing of new clients. Administrative penalties may include temporary or permanent suspension or even disbarment.
Victim Lawsuits: Victims of ambulance chasing may file civil lawsuits against the individuals or attorneys involved, seeking damages for any harm they have suffered. Damages can include compensation for emotional distress, legal fees, and other losses. Remember, a bad lawyer with poor expertise can cost you your case. One who breaks the ethics rules is more likely to cause problems.
Criminal Charges
In California, being a runner or capper can be considered a criminal offense, typically charged as a misdemeanor. Individuals engaged in unlawful solicitation may face penalties, including fines and possible imprisonment if convicted. The solicited party may also be entitled to criminal restitution from the evildoer.
State Laws
California has specific laws governing ambulance-chasing, including:
Business and Professions Code Section 6152: Over ten years ago, starting in 2011, the California Business and Professions Code Section 6152 spelled out the legislative scheme for punishing predatory runners, cappers, and solicitors at wreck sites. This section makes it illegal for attorneys to solicit clients who have been involved in accidents within 15 days of the accident. The repercussions for lawyers who get caught are severe, with potential $15,000 fines or a year or less in county jail.
California Business and Professions Code Section 6154: This section recognizes that, like fraudulent contracts, one obtained by unethical means is also void. So besides a potential jail sentence, under California Business and Professions Code Section 6154, any professional services contract your attorney obtained using a runner or capper is null and void as a matter of law. What Does This Signify for Clients? Annulling a contract suggests that any service fees you may have paid are eligible for a refund, offering safeguards for victims of such schemes.
Why It’s Best to Avoid Ambulance Chasers
In summary, pressuring someone dealing with the stress of an accident to hire a lawyer immediately is both unethical and illegal.
Apart from the legal concerns, here are more compelling reasons to steer clear of ambulance chaser lawyers in California:
Unsolicited Approaches: A significant red flag is when a lawyer or their representative approaches you shortly after an accident and tries to coerce you into signing papers you don’t understand.
High-Pressure Sales Tactics: If you feel pressured to hastily sign a retainer agreement, trust your instincts, take a step back, and start asking questions. Ambulance chaser lawyers frequently resort to high-pressure tactics to secure your quick agreement. Making a hasty decision when choosing a lawyer can lead to protracted legal battles, smaller settlements, or even losing a case that could have been won.
Promises of Quick Settlements: Be cautious of lawyers who promise swift settlements without thoroughly understanding the complexities of your case. Realistic and honest lawyers will acknowledge that unpredictable outcomes often take time.
Lack of Clear Communication: A reputable lawyer will provide transparent information regarding their fees, processes, and potential outcomes. If you encounter evasiveness or a lack of straightforwardness, reconsider your choice.
Negative Reviews or Disciplinary Actions: Conduct thorough research. If an attorney has numerous unfavorable reviews or a history of disciplinary actions, it’s a strong indication to seek representation elsewhere.
Unethical Conduct: Ambulance-chasing lawyers often operate in the gray area of ethical boundaries. In California, it is considered unprofessional for lawyers to approach potential clients without being solicited, raising doubts about their professional integrity and how they will handle your case.
Lack of Genuine Care: Personal injury cases necessitate understanding, empathy, and a sincere commitment to the client’s recovery. Ambulance-chasing lawyers, driven by aggressive tactics and the pursuit of swift settlements, may not provide the personal attention and care that your situation warrants.
Inadequate Representation: Ambulance chaser lawyers often prioritize fast settlements over achieving the best outcome for their clients. This rush can result in less thorough evidence gathering, weaker negotiation with the opposing party, or inadequate trial preparation.
The key issue with ambulance chasers is their desire to secure your commitment quickly, resolve your case promptly to collect their fees, and move on to the next client. The main problem is poor or mixed results based on past examples. Beware, while many exceptional attorneys in California are genuinely committed to helping clients, ambulance chaser lawyers rarely share the same intentions. We hope these tips make it easier for you to distinguish a promising lawyer over a crummy one. Knowing the warning signs makes it easy for clients to make an informed decision.
How Do “Ambulance Chasers” Obtain Accident Victims’ Information?
Some individuals may not be aware that the law permits access to information for those who have accessed their police records, such as a police report. Therefore, anyone who has been injured or involved in an automobile accident can request copies if they wish. Typically, your contact information and phone number are included, making it easy for a searcher to find you.
They may claim to understand your goals, but it’s important to note that this tactic doesn’t always succeed. Their aim is to leverage your accident to secure additional compensation from the insurance company for a personal injury case.
Other Tactics Used By Ambulance Chasing Lawyers
Untrustworthy law firm lawyers employ many tactics in their search to identify potential clients, as follows:
Tow truck drivers
Police scanners
First responders, nurses, or a doctor getting a cut
Shady police officers
Other lawyers who violate confidentiality rules or bad lawyers hang out in hospital lobbies
Hospital staff on the take
Bad judges making cash on the side
Direct solicitation of clients at the accident scene
Other personal injury victims getting a cut
Family members are seeking an illegal referral fee.
In some situations, individuals may pose as witnesses but are actually informants for their attorneys. These attorneys may search for accident victims through news stories, visiting them in the hospital or at home after their release, or making contact over the phone. In certain cases, it might not be a legitimate attorney seeking clients; some lawyers pay tow truck and ambulance drivers and emergency room personnel to distribute their business cards to accident victims, a covert practice that is considered a misdemeanor in California. Others engage in mass mailings to solicit clients, acting on a mass tort or incident. They do this, particularly in neighborhoods with instances of faulty home construction, and it may or may not be ethical. In certain cities, courier services scour police records and provide lawyers with potential client names for a fee as well.
What Other Practices Are Unethical?
This section provides an example of unprofessional behavior, but these aren’t exhaustive lists either. Whenever an attorney receives money from its clients, it must be kept in the same IOLTA account because it is the clients’ money. Some lawyers do not obey these guidelines. Also, lawyers often fail to check for conflicts of interest properly.
A lawyer should remain loyal. This means a lawyer soliciting cannot stand by defending his client if a client has conflicting views. This is especially true if the lawyer has already mishandled the client by being an ambulance chaser using cappers and runners.
Research Your Personal Injury Lawyer
Lawyers across the United States depend on the Martindale-Hubbell Directory for efficient, precise assessments and evaluations of attorneys. Martindale-Hubbell ranks lawyers based on reviews from their client list and peers they work with. Highly qualified lawyers may also hold distinctions like AV Preeminent, Distinguished, or Notable.
Another valuable resource for finding legal professionals for your legal research is your state or national bar association. In California, for instance, you can access the bar association’s website to search for attorneys with the necessary licenses and qualifications.
How Long Should I Wait Until I Retain An Attorney?
If you’ve been in a car accident, assessing your physical condition is important before hiring an attorney. When selecting an attorney, choosing someone with expertise in your specific type of practice area is in your best interest. An attorney who engages in unethical practices is unlikely to have your best interests at heart. If you’re still facing medical expenses after seeking medical care, it’s advisable to contact a qualified attorney without delay. Your health is a top priority, and following a medical evaluation, you should decide whether pursuing legal action is necessary. What if I sign a retainer with an ambulance chaser and then change my mind?
In general, in some states, a contract with the plaintiffs’ attorneys is not valid if they have been approached for legal assistance. It involves solicitations or visits from lawyers’ employees within the firm.
Contact Ehline Law Firm
The best way to find a non-ambulance-chasing lawyer is through referrals from friends, family, and other established lawyers in another practice area. A lawyer approaching you in the street after a crash is likely an ambulance chaser and dishonest. Did you or a loved one suffer injuries in a California personal injury accident? If so, contact Ehline Law and consult with our charismatic team. Discover how our representatives and investigators can help you using our years of experience, ethical conduct, and client-centric approach. We are ready to hear your story and have an honest discussion.
Attorney Michael Ehline has also represented insurance companies, so he understands how companies try to take advantage of accident victims throughout the complicated process. Our honest team fights for clients and keeps an eye out to make sure they receive adequate compensation for their injuries or death claims.
Contact Ehline Law for a free consultation today if you’re looking for a good lawyer with resources in California. We are ready to discuss your options. Our team has knowledge of the specific rules and can help wary clients sue their prior counsel for violating their legal rights after signing a retainer.
By: Accident attorney Michael P. Ehline, Esq. After Google Places had merged our business law firm listing with a competitor about 40 miles away, we started researching identity theft. Hence, we created this pretty comprehensive treatise.
Definition of Identity Theft:
Identity theft occurs when another person assumes an individual’s identity. Here, the thief knows how to access financial resources. So they obtain credit and other benefits using the person’s name.
Identity theft makes a victim of the individual. So they suffer the adverse consequences of the thief using their credit. Sadly, victims are forced to pay all these costs. Plus, the name, Social Security number, credit card, or bank account number are all exposed without permission. Criminals do this to commit crimes or fraud.
Understanding The History of Identity Theft
The term identity theft has been used since 1964. Yes, it’s not possible to steal a person’s true identity. But the criminal can impersonate or assume their financial identity to commit fraud. Identity theft and data breaches can be challenging to recognize. After all, in most cases, the victim does not know that anyone else has personal or financial information.
According to the Federal Trade Commission, victims often don’t know how someone stole their information after a data breach. But they also found that identity fraud was not always a consequence of identity theft. After all, someone can steal or misappropriate personal information without committing fraud.
What is a Major Breach?
And this can occur when there is a significant data breach. According to a U.S. Government Accountability Office study, most data breaches did not result in detected occurrences of identity theft. But the report stated that the full extent of data breaches is unknown.
An unpublished study by Carnegie Mellon University reported that most identity theft cases are unknown. But the probability of becoming a victim of data breach identity theft is approximately 2%. One of the most significant data breaches consisted of about 4 million records. And according to the association of consumer information companies, it resulted in approximately 1800 instances of identity theft.
An article entitled “Cyber Crime Made Easy” discussed how hackers use malicious software. Security specialist Gunter Ollmann asked: are you “Interested in credit card theft? There is an app for that.” He was alluding to the ease of hackers accessing information online.
One of the newer programs infecting computers is called Zeus, which is hacker-friendly. And this makes it easy to use, even for an unknown hacker. It might be easy to use, but it is devastating for the computer user it affects.
The article said criminals could use Zeus programs to steal credit card information, relevant documents, and those necessary for homeland security use. Hackers gaining this information could not only use it for identity theft but possible terrorist attacks.
Criminal Identity Theft:This is posing as another person for financial or personal gain, a crime.
Financial Identity Theft: This is using someone else’s identity to obtain goods, services, and credit.
Child Identity Theft: This is using a child’s information to obtain credit, services, and goods or assume their identity.
Medical Identity Theft: This is using another person’s identity to obtain medical care or drugs.
Identity Cloning Theft: This is using someone else’s identity to assume their life status. It means using the person’s name in meeting people, employment, and other activities.
Other crimes are funded by I.D. theft.
Examples include:
Phishing
Illegal immigration
Terrorism
Espionage.
Also, identity cloning can be used to attack payment systems. Examples include online credit card processing and medical insurance.
Criminal Identity Theft Explained
This occurs when an identity thief impersonates another human to conceal their real identity. People that do this could be a person hiding from creditors or other persons. It could be an illegal immigrant or another who wants to become anonymous for personal reasons. Another type of euphemism for this is a “poser.”
A poster is a person that uses another’s photos and information on social networking sites, and they further relay credible stories. And many involve friends of a natural person they are attempting to imitate. One of the other things this type of I.D. thief does is acquire false credentials that will pass authentication in daily life. And this can continue indefinitely, without detection.
What is Identity Cloning?
So this is a great question. This theft happens when a thief assumes another’s name to conceal their real identity. So, for example, this is their form of the witness protection program. So let’s say they want to avoid being found by an ex-spouse or partner. And now, this can continue for an indefinite amount of time. And this remains especially true if the person can obtain false credentials in the assumed name that appears authentic.
Synthetic Identity Theft
This type of identity theft has become familiar with using characters that are either partially or wholly fictitious. This is commonly done by using an actual social security number, with a birth date and name that is not attached to this person. The stolen social security number will create adverse credit effects. And this holds concerning any creditor who issues a credit to the thief.
It’s hard to track this identity fraud since it does not usually show directly on the natural person’s credit report. And this could even show as a new file at the credit bureau or as a sub-file on the victim’s credit record.
What is Medical Identity Theft?
This type of identity theft uses an individual’s name and some of their information to obtain medical care, services, or drugs. The data they may use can include insurance information. The victim has no clue their name or other information is being used.
This type of event can cause the insurance’s actual owner to receive improper medical care. This can also lead to a potentially life-threatening medical decision since lowlifes placed incorrect information in the victim’s medical records.
What is Child Identity Theft?
Child identity theft is caused when a criminal steals a minor child’s social security number to gain credit. And it also increases other personal advantages. Of particular interest, the child has no credit history. So this makes this social security number very valuable to the theft that wants to steal it. They can obtain credit, get a driver’s license, and make large purchases, like buying a house, all under the guise that the social security number is their own.
So here, a family member or friend can be the culprit. But it can be done by a stranger that targets children. The fraud can continue undetected for years. After all, the victim is a minor who will not be using their number for years.
According to Carnegie Mellon Cylab, Richard Power discovered that approximately 10.2% of children were identity theft victims using data from All Clear ID. So about 40,000 children had information exposed.
How Do ID Thieves Get Your Personal Information?
These criminals need to obtain personal information to use another person’s identity to appear authentic. Some of the methods they use people are aware of.
But other methods exist.
They get stuff by digging in dumpsters or garbage cans for personal information.
I am using public records to gain personal information.
Skimming credit card or bank card information with hand-held card readers in the general retail location helps make clone cards.
We use contactless credit card readers to obtain data from RFID passports wirelessly.
Mail theft, breaking into homes, pick-pocketing checks, bank cards, credit cards, passports, and identification cards are potential problems.
Theft of checks to obtain account numbers and routing numbers.
Gaining personal and banking information with malware, including trojan horse keystroke logging programs, spyware, and breaches in browser security are examples.
Further examples:
They hack computer networks, databases, and systems to access large amounts of personal data.
Acting fraudulently as customer service representatives or helping desk employees con individuals to disclose personal information, login information, or change password access.
Account verification and compromise questions, like: “What is Your Mother’s Maiden Name?“
Use social media sites to befriend individuals and gain trust to get their personal information.
Social media photos are clickable and downloaded, with low security and privacy protection.
They use information gained from an individual typing login and other personal information at public I.T. equipment locations. The term shoulder surfing describes this conduct.
Use of breaches that result in personal information publication, which may include name, address, credit card numbers, and social security number.
Impersonation of a trusted organization in emails, telephone calls, SMS text messages, or other communication forms. The goal is to have an individual provide personal information or login information. Most of us know this form of data collection as phishing. Thus, many corporations will never ask for this data on the phone or on their website.
You are browsing social network sites, such as Facebook, Twitter, or MySpace, for personal information that users have published.
Attacking weak passwords and reset password questions.
They divert emails or posts to gain personal information, credit card numbers, banking or credit statements, and other personal data. And this can delay you from knowing there is a compromised account.
What About Personal Identity Protection?
The person is often unaware of how naïve they are. So they are careless with their personal information or login information.
Identity thieves count on this. And they can steal information like:
Credit cards
Checkbooks
Utility bills
Bank statements and other things from a person’s vehicle, office, snatched purse, or home.
The U.S. Federal Trade Commission, websites, and the Canadian Phone Busters organizations address identity theft. And they offer recommendations on preventing personal information from reaching another person’s hands.
You can partially eliminate identity theft by not using identifying information unnecessarily. I.T. systems and organizations should not require excessive personal data for identification and authentication purposes.
The requirement and data storage of personally identifying information such as social security numbers, driver’s license numbers, credit cards, national identification numbers, and other info will increase the risk of identity theft. This theft will keep happening unless adequately stored all the time.
Tips to Avoid Hijacking
Hacking and phishing: We all know that electronic identity theft or malware is common today. Hence, you must often update computer security. Keeping the operating system and browser secure, patched, and running antivirus software can avoid unwanted theft. The individual should be cautious about their I.T. use.
In some cases, the thieves use obituaries, gravestones, and other sources to rip off a deceased person’s identity. They do so between their passing and the closing of their accounts. So this is a combination of a grieving family lacking concentration. And it’s also the credit checking process. Moreover, this type of crime can continue for an undetermined time. And it won’t stop until a family member or credit company notices the events.
Commercial identity theft protection services are available in many countries. For example, they offer protection from an annual or monthly membership fee. How it works is the service will typically set fraud alerts on your credit files. Also, each of the three major credit bureaus gets alerted. These heavily advertised services are helpful. But the actual value has been questioned.
What are the Identity Protection Organizations?
The Federal Trade Commission testified in May 1998 in front of the United States Senate. There, representatives discussed the sale and use of personal identifiers and Social Security numbers by data miners and credit raters. They agreed to self-regulating by the industry to restrict access to information on credit reports.
The industry restrictions vary according to the category of the customer. This variance exists because credit bureaus gather and disclose personal and credit information on a broad business range. Inadequate security by organizations holding individual data results in unauthorized access. So this places victims at risk of I.D. theft.
Privacy Rights Clearinghouse has documented more than 900 data breaches since January 2005 by U.S. government agencies and companies. This breach involved over 200 million records that contained sensitive personal information. The data included many that had social security numbers.
When a company has poor security standards, it can include:
Failing to have adequate network security.
They are failing to shred confidential documents before putting them in dumpsters.
Brokering personal information to another business without the assurance of the other company maintaining security.
Government failure in registering sole proprietorships, corporations, and partnerships to determine the article of incorporation officers are who they claim to be. This failure can result in criminals accessing personal information through credit ratings and data mining services.
Credit card numbers stolen by people like call center agents mean there is access to the recorded calls.
Laptop computer or portable media theft or carried out of the location. Typically, it contains personal information. Also, using encrypted devices reduces data exposure risks.
What is the Nationwide Impact of I.D? Theft?
Most of all, there was a decrease in the number of victims in the United States between 2003 and 2006. This decreased the dollar amount of identity fraud from $47 billion in 2003 to $15.6 billion in 2006. This scam resulted in personal losses of $4,789 in 2003 and $1,882 in losses for 2006.
According to the Identity Theft Resource Center in a 2003 survey:
Approximately 73% of those surveyed said the crime involved the thief gaining access to a credit card.
15% of known I.D. theft remains business-related. And in those cases, it took the victims about 330 hours to resolve.
Victim of identity fraud Michelle Brown testified in a U.S. Senate Committee Hearing. She said that a person used her identity between January 1998 and July 1999 to acquire more than $50,000 in goods and services. Brown said not only did the hacker damage her credit but escalated in crimes, including drug trafficking. This resulted in a warrant for Brown’s arrest; she had an erroneous arrest record and prison record. The woman got booked into the Chicago Federal Prison under her name.
Also, fraud costs are estimated at £1.2 billion annually in the U.K. But experts believe the figure is much higher. For example, privacy groups do not think the numbers are correct. Mostly, they argue that statistics are a bargaining chip to listen to the introduction of national I.D. cards.
Microsoft Research claimed in 2001 that fraud remains widely exaggerated. And they say the surveys are compromised and biased. So they argue the findings are not promising. But Australia estimated I.D. theft at between $1 billion and $4 billion in 2001.
The United States Legal Answers
In the United States, the increase in this crime has led to enacting the Identity Theft and Assumption Deterrence Act. In other words, the Federal Trade Commission appeared before the U.S. Senate to discuss F.T.C. crimes. And that meeting happened after the mass exploitation of consumer credit.
How the Exploited Data Was Used:
Lines of credit
Loan fraud
Mortgage
Credit card fraud, along with commodities and services fraud.
The Identity Theft Deterrence Act amended U.S. Code Title 18, § 1028. This statute says it is a federal crime to steal an I.D. But it’s tricky because the perp must use an I.D. document issued by the United States. So you have to show the thief intended to defraud the United States. All this gets tried on a federal level if it exists. Get it?
30 Years in Prison?
Yes, it’s true. This sentence is outlined in 18 U.S.C. § 1028 and can carry a 5, 15, 20, or 30-year sentence in federal prison. Also, § 1028 (aggravated identity theft) permits consecutive sentencing. This act gave the Federal Trade Commission the authority to track incidences and dollar losses of particular interest.
Their body mainly focuses on consumer financial crimes. And it does not include the full range of all identification crimes. Charges brought by states or local law enforcement agencies will have different penalties than criminal charges on a federal level. It will depend on the state laws, in which each state can differ in punishments.
Office of Privacy Protection
California and Wisconsin have created the Office of Privacy Protection. This department helps citizens avoid issues with theft and identity theft recovery. Other states have followed California’s mandatory data breach notification laws. And this has resulted in all companies reporting data breaches to their customers.
Understanding Why Choice Of Lawyer Matters For Your Type Of Case
Most people don’t know that personal injury lawyers aren’t typically great at criminal defense or contract law. Let’s clarify things. All prospective lawyers study the same classes/subjects in law school or while reading the law as an extern. Each newly sworn lawyer makes the same oath to maintain ethics and professionalism.
First-year students must master the concepts of “Contracts, Torts, and Criminal Law” across all American Bar Association-approved schools.
The same goes for most State Bar-certified schools.
So, in general, most licensed practitioners are masters of the basics. (“Jack of all and master of none.”)
So, does it matter which type of attorney is chosen for your legal claim?First, you must understand how massive law is now in its various subdivisions. Yes, there are specialists. Lawyers such as those who handle patent law are one class.
However, there are also trial lawyers who focus only on a particular area of tort law, such as mass torts.
Imagine the law is like a giant skyscraper. Each room of the building represents an area of legal knowledge:
“Negligence Law,” which would be a small room in the basement. And then, maybe a desk drawer would contain the legal know-how to navigate a bodily injury insurance claim, mediation, and trial in that tiny room.
“Wills and Trusts,” with sub-areas, would be in a small room down the hall.
And then, for argument’s sake, make the first few top floors criminal law.
All the lower floors would be civil law, and you can see how the law is stacked.
So, to answer the original question, yes, as a general rule, hiring a personal injury lawyer for a PI case makes sense. But only so long as your lawyer is reasonably competent in their particular practice.
After all, you need someone with it. It would help if you had average skills for your case type.
Lawyers certainly are not all the same. Therefore, it does matter which type of legal expert you select.
Some lawyers are general practitioners who handle cookie-cutter types of cases. Usually, the arguments they feel are not always that complex. For example, this kind of specialist will be the one you call for a canned divorce ba, bankruptcy, or a traffic ticket infraction.
The takeaway is that a particular type of lawyer may not always have the requisite training for your specific claim or case. So, as a seeker of help, you must familiarize yourself with consumer best practices.
Then, you’ll be able to hire the correct type of help sensibly. So, for now, we will examine a few of the many types of lawyers. Let’s try to understand the similarities and differences discussed below.
What is a General Practice Lawyer (“GP”)?
Numerous types of attorneys have specialized knowledge in one particular area of law. Some even practice a few related measurements. As noted, general practice lawyers do not just specialize in one location. GPs usually practice simultaneously in various law areas.
It is not uncommon for a general lawyer to practice in several or all of the areas of law listed as follows:
Security law
Administrative Law
International law
Criminal law
Real Estate law
Corporate and Commercial Law
Civil Litigation Law
Tax law
Family law
Labor and Employment Law
Constitutional law
Immigration law
Environmental law
Intellectual Property Law.
While some GPs limit the types of law they practice, this is rare. So, some accept cases and cash from virtually any kind of client in many legal claims.
However, specialized tort or personal injury lawyers are by far the most popular and notorious lawyers in our culture.
Movies like “Rainmaker” with Matt Damon are a testament to the reputation of the ambulance chaser injury attorney.
What Are Personal Injury Attorneys?
A Los Angeles personal injury attorney like Michael Ehline specializes in cases that involve a personal injury to your mind, body, and soul.
In cases like this, compensation is sought from those legally liable for intentional or negligent damages, including:
Psychological injury
Lost wages
Property damage, such as automobile accidents
Physical trauma, such as a botched surgery
Medical expenses.
In law school, these types of attorneys fall under your “Negligence Courses.”
But this area of law has many subdivisions and experts, from:
Mass torts
Vehicle airbag defects
Exploding gas tanks
Commercial vehicle accidents, and so forth.
The bond between these attorneys is that they know how to handle cases of “tort law.”
So What Is a Tort Anyways?
A tort attorney is a personal injury law specialist.
According to Cornell University Law School, a tort is a civil action against a particular group of people or people that justifies filing a money damages suit.
A crime is not considered to be a tort. (watch the video here.) A crime is a general wrongdoing against the public or state (Learn more.)
So, those who commit a crime may be punished with jail time. However, when a crime is determined, the guilty party or their insurance agency may still have to pay monetary compensation.
Compensation is money paid to the party or parties that suffered the injury as reparations for the criminal OR civil act.
The District or City Attorney prosecutes crimes. The punishment for offenses can be a fine, imprisonment, or both.
A civil or private lawyer sues for money in torts. There is no jail time.
Are you getting this so far? Personal injury attorneys often elect to accept only specific kinds of negligence law cases. Most of them avoid hourly billing. So, they don’t usually take on criminal clients at all.
Some areas of law they may choose to specialize in include the following:
Medical accident
Automobile accident
Work-related accident
Dental accidents
Motorcycle accidents
Assault/Battery/Rape.
What Are Some Differences Between General Lawyers And Personal Injury Attorneys?
A general practice lawyer doesn’t apply their skills to one particular area of law. This means they know a variety of different case types.
A tort attorney has specialized knowledge and skill in cases involving personal injury and tort laws. This means their knowledge about issues of bodily harm is more in-depth than that of a “GP.”
A general practitioner can be a tort specialist and arguably a better lawyer. After all, he understands better how all the laws are interrelated.
For example, elder abuse law cases have elements of crimes and can even involve some probate issues. However, in some cases, a GP lacks the specialized knowledge for a complex area of law, such as an asbestos case. So it can be a crap shoot.
I admit it. I am guilty; I laughed when someone sent me a “popcorning” video. But I regretted laughing. Because after I had watched it a few more times, my laughter turned to rage and disgust.
