News & Law Articles

Due process of law means assurance to you that all legal proceedings are fair to all parties concerned. It also guarantees that you receive notice before any legal proceedings take place. In most states, this happens through certified mail, or a private process server. Due process ensures that you have the right to address the court in a civil procedure before a rendered judgement. A plaintiff files a complaint in federal court or state court. The plaintiff provides the court with the reasons for the complaint and any legal bases for the claim. This will set a hearing date before a judge. Before a civil trial begins, the plaintiff’s attorneys prepare the client’s allegations. Next, the defendant has a chance to respond to them. The attorney may also prepare motions or requests for particular court actions. The court rules on the pleadings and motions during pretrial conferences before the attorneys begin to prepare for a civil trial. Both sides attempt to come to an agreement during the civil procedure. Often, parties may be able to reach an agreement through mediation. If this is impossible, the civil trial begins. Each attorney will make an Opening Statement. The plaintiff’s attorney presents evidence against the defendant. After that, the defendant’s attorney has the opportunity to present evidence as well. At the end, the court offers a judgement. Tulsa Civil Attorney Shallcross & Associates can help if you are involved in civil litigation. Don’t try to navigate the legal system alone. We are your shield when you need a Tulsa civil attorney. Contact our offices today.

No matter if you are a consumer or business professional, contracts hold deals together and let us move forward with peace of mind. A contract ensures us that a business will deliver the product or service it promised. But, the contract also makes sure the business gets paid for its product or services. A breach of contract costs the victim a lot of money. If the breach causes you to lose money, the law refers to it as a cause of action. An action that gives you the right to file a lawsuit. Cause of Action for Consumers As a consumer, you need to know you are getting the products or services for which you pay. For example, you want to know the construction contractor you hired uses the materials listed in the contract. If the contractor uses a less durable material and you face structural damage as a result, you may pursue damages in court. Cause of Action for Businesses You need to know your customers will pay you on time, and you could face a lot of trouble if they don’t. When a customer does not make a payment or otherwise breaches a signed contract, you have a right to seek damages to compensate for your trouble. You have a right to reimbursement for damages in civil court. Shallcross & Associates know the in’s and out’s of civil procedure. From civil contracts to personal injury, our associates are here to help. Give us a call today.

Although it is difficult to consider the end of your life, getting your assets in order can give you peace of mind now. Plus, preparing your estate takes a major burden off your family and successors to your assets. Do You Need a Will? Wills are not just for people in their 80’s. Instead, they are for anyone who has a positive net worth. They are also particularly important for married adults and adults who have children. What Is Probate Court? Keep in mind that even if you have a will, your estate still goes through probate upon your death. Probate court takes care of the following matters. -Appoints an executor or administrator -Notifies creditors -Produces an inventory of assets -Pays bills and funeral costs -Transfers titles How Can You Best Manage Your Estate? It is vital to get a will set up as soon as possible because you never know when your life could change. Although you find many DIY wills online, an attorney from Shallcross and Associates can best support you. We offer complimentary consultations as well as full legal care to ensure that your wishes carry out perfectly after your death.

Can You Claim Medical Malpractice for Birth Injuries? In the majority of cases, labor and delivery goes smoothly, and babies are born without complications. However, injuries during birth are serious. And are even more concerning when you can trace them back to careless mistakes on the part of health care practitioners. What Are Common Birth Injuries? The most common birth injuries include the following: -Bone fractures -Soft tissue bruising -Bleeding beneath the cranium -Facial paralysis Are These Injuries Caused by Medical Malpractice? Most of the time, these injuries are not caused by errors or from poor medical practice but by the following: -Premature birth -Abnormal birthing presentation, such as breech -Prolonged labor -Large birth weight However, occasionally, an error in judgment on the part of the doctor, a wrong medication or a failure to care for the mother and child properly can result in medical malpractice. A lawsuit will address these problems. Do You Have Legal Recourse? Although some parents feel reluctant to start a lawsuit, this decision actually has several benefits. Working with Shallcross Law can help you pay for future medical care that your child may need, return money for emotional distress, pay back lost wages and reduce much stress.

There are thousands of law blogs online. With so many informational sites, it is good to know which are the best law blogs of 2020. Law blogs are referenced by legal experts, law students and citizens alike. And so, we’ve compiled a brief review of five top national law blogs. Let’s get started discussing each site. • Above the Law – Above the Law is a top notch legal web site. With it, you get an insider’s view of the legal system. The site is filled with original content, news and useful legal information. It also includes a number of opinion articles. • Lawyerist – Lawyerist is a collection of independent lawyers. In fact, it is the largest community of its type. The blog is concerned with sharing best practices. Further, there is an emphasis on supporting the growth and development of community members. Articles discuss the road-map to legal and business success. • Law and Liberty – Law and Liberty hosts a blog that is as much political as legal. From a classical liberal point of view, the site presents reviews, essays, and educational material. The blog contains a podcast with an archive. Legal and political issues are presented. In addition, the site has a series of posts on classical liberalism. • The Crime Report – The Crime Report is a criminal justice blog. The blog is focused on criminal justice news. In addition, The Crime Report presents criminal justice research. And so, posts are offered on issues such as the legalization of cannabis. • The Expert Institute – The Expert Institute connects top tier legal teams with expert witnesses of all kinds. The site has expert information on the effective use of expert witnesses in court. Contact Information Top legal teams stay up to date on local and national legal developments. As a result, Tulsa’s best attorneys are always able to give the highest level legal service possible. If you need legal assistance, contact our legal team at Richard Shallcross Law today. Tulsa’s top lawyers are ready to go to work for you.

People who qualify for disability are no longer capable of working. Social Security disability income (SSDI) is awarded to individuals with physical or mental impairments that are permanent or long lasting. Further, a doctor must diagnose the condition. Conditions That Qualify for Social Security Disability Qualifying conditions are things like back injuries, cancer, liver disease and heart failure. In addition, problems such as vision or hearing loss, asthma, depression and even anxiety are eligible. Beyond that, government literature lists autism, intellectual disability, lupus, arthritis, and irritable bowel syndrome as conditions that qualify. To access disability information from the official government “Blue Book,” go to the Listing of Impairments page at the Social Security website. Certainly, any medical or mental issue that keeps you from working full time could potentially qualify you for SSDI. If a doctor determines you can no longer work because of a legitimate physical or mental issue, the condition does not have to be listed in government literature. But, claims do require thorough documentation of your medical situation. Children do not qualify for SSDI. However, benefits do transfer to minor children upon death. Whether the child is disabled or not, 50% of the deceased parent’s benefit is paid until the child reaches the age of 19. What Should You Do? Without a doubt, the process of applying for disability can be overwhelming. As a result, it helps to have a few allies on your side. Working with your physician and a disability attorney will improve your odds of being awarded benefits. Your doctor establishes your medical condition. The best Tulsa social security disability attorneys do the rest. And so, if you are filing for SSDI, get a lawyer. Experienced attorneys will file the paperwork for you and work your case through to approval. If you need legal assistance applying for social security disability, contact Richard A. Shallcross and Associates now. Tulsa’s top legal team is looking forward to talking with you.

The day the baby arrives is always one of the happiest days of our lives. But, finding out that the newborn has an injury is one of the most troubling things a new parent can experience. Birth injuries can range from mild to severe. At first, we just want to know that everything is going to be alright. But beyond that, if medical malpractice or neglect caused the injury, disappointment will arise and anger will soon follow. Medical Malpractice – Most Common Birth Injuries Certainly, we do not expect medical professionals to hurt those we intend to love. We trust them, but, sometimes they fail us resulting in harm. Brain Injury – Due to pressures during birth, the baby may suffer bleeding in the brain or surrounding structures. Medical malpractice is a common cause of brain injury during birth. Bone Fractures – Babies that begin in the breech position and babies that are particularly large, suffer higher incidence of bone fractures. Oxygen Deprivation – When the baby undergoes a lack of oxygen during delivery, physical and mental injury is sometimes the result. Depending upon duration, effects can range from mild to severe and even death. Spinal Cord Damage – Babies who are born prematurely or at a low birth weight are more likely to suffer injury to the spinal cord or sustain cranial nerve damage. Peripheral Nerve Damage – Also called brachial plexus injury, with this injury, nerve damage restricts arm and hand movement. Fortunately, this condition usually improves but can be permanent if the nerve was completely severed. Without a doubt, birth injuries increase when medical staff fails to properly perform their duties. Health care providers who fail to correctly address issues like prolonged labor, premature delivery and breech birth cause harm to infants. In addition, failing to properly perform instrumental deliveries like “suction cup” births can cause damage to the baby. Many birth injuries can be prevented with proper care. If your baby was harmed because of medical malpractice, please contact Richard A. Shallcross and Associates immediately.

According to The Law Dictionary, convicted felons are not treated the same nation-wide. But, as in every other state, in Oklahoma, convicted felons lose several of their civil rights following a felony conviction. Specifically, in our state, convicted felons lose the right to vote, the right to own or use a firearm and many more things. Beyond that, there are professional consequences for those convicted of a felony. If you have suffered civil rights forfeiture following felony conviction, our attorneys can help you restore those rights. In Oklahoma, a convicted felon loses some of their civil liberties. As a result of their behavior, law enforcement makes it more difficult for the felon to re-offend by limiting civil rights such as: Voting Serving on a Jury Holding Elected Office Employment with the State Having or Using a Firearm Felony Crimes Include Rape Murder Manslaughter Assault and Battery Possession of Child Pornography Commercial Gambling Professional Consequences of Felony Conviction Not only will you lose certain civil rights upon felony conviction, but beyond that you will lose the ability to work in some fields. When convicted of a felony, your background will prevent license and certification in many areas including teaching, accounting, engineering, real estate and psychology. If you have incurred civil rights forfeiture following felony conviction, please contact Richard A. Shallcross and Associates immediately.

When determining fault in an accident, the police, insurance investigators, and various experts pour over the data to see what happened. And who, if anyone, is at fault. In California, passengers are never part of this equation. Which means they have more advantages over the drivers in any accident. Never at Fault but Sometimes Can’t Collect Passengers may be Snow White when it comes to determining fault. But they still might run into snags in the system when it comes time to collect on a claim. Let’s say an injured passenger files a claim against each driver’s insurance company. In this claim they ask for $500,000. A judge agrees. The drivers and their companies however, each think that “their side” is only 25 percent at fault. In that case, the passenger would only collect $125,000 from each side. Unless the injured passenger were to wait for one insurance company to do the right thing. Types of Compensation These would be the same as those drivers collect, such as: Lost wages Future lost wages Current medical bills Future medical bills Punitive damages All injured passengers should consult with an attorney to find out what entitlement they have in their specific cases. The families of dead passengers should do the same. If you are an injured passenger in a car wreck, call Shallcross and Associates today for a free consultation!