In 2021, there were 648 fatal car accidents in Arkansas and thousands more non-fatal accidents. When you get in an accident, there are a lot of emotions, including fear, worry, frustration, and doubt. To help you deal with your feelings and make the right decisions, follow this list of steps to keep you safe.

6 Steps to Take After a Car Accident

One of the most important things you can do before any emergency, like a car crash, is to read up on your insurance coverage and know what is covered. Having this knowledge will help you navigate the next several steps.

Step 1: Check Yourself and Fellow Passengers for Injuries

After an auto accident, you must seek medical attention and ensure everyone involved is okay–starting with yourself. Before you can take care of others, you must ensure you are safe and don’t have serious injuries. If you are healthy and safe, you can begin checking on other passengers in your vehicle.

Step 2: Move Yourself and Vehicle to Safety (If Possible)

If you’ve determined everyone is safe, move your vehicle to the side of the road. Not only does this keep you out of harm’s way, but it also prevents traffic from building up on the road. Once you are on the side of the road, turn on your hazard lights for safety.

Step 3: Contact Law Enforcement

After moving your vehicle to the side of the road, call the police.

When you dial 9-1-1, emergency services and law enforcement will quickly come to the accident scene and help you and the passengers. When the police arrive, they will take statements from those involved in the accident and witnesses.

Step 4: Exchange Information with Other Driver

For insurance purposes, you must share information with the other driver. This information will help you file a claim and give your insurance company and law enforcement essential details to decide who is at fault. During this conversation, do not own responsibility or blame another driver.

Step 5: Call Insurance Company

Once you have the other driver’s insurance information, you can call your insurance company and file your claim.

While on the phone with the insurance agent, do not tell them it was your fault or blame another driver–they are to look at images of car damage, property damage, and the police report before concluding your insurance claim.

Step 6: Find a Reputable Lawyer

Whether or not you think the accident is your fault, it is in your best interest to seek legal advice and representation. Finding a lawyer is not an admission of guilt. Instead, it prepares you for discussing your case should it go to court.

Conclusion

After a car accident, your mind is rushing, and you have many emotions. These six steps are essential for anyone involved. However, step six requires the help of an expert. Hickey & Hull Law Partners has over 70 combined years of experience. We promise to provide professional service, prompt communication, and persistent work on your case. Contact us today to get started on your case.

Experts estimate that 50%-60% of US citizens do not have a will in place. For some people, it is a matter of not getting around to it, while for others, they do not believe they have enough “things” to save for their family.

To make matters worse, only ⅔ of Americans older than 65 have a will. So even people later in life lack a testament, and for a good reason. Writing a will and planning for your death feels wrong and morbid, especially at an old age. But without a plan, you leave your assets to the state. You can protect your family when you work with an estate planner.

What Is an Estate Planner?

Just like the name states, estate planning professionals are individuals who work with anyone 18 years and older to plan how to divide the person’s assets when they die. An estate planner works on financial documents, handles estate taxes, deals with tax planning, and helps to write wills over the years.

But not anyone can be an estate attorney. Most estate planners have experience in law or finance with years of experience to help them with people. An estate planner is a trusted individual who will oversee everything in the estate planning process to help divide the assets after death.

Why Use an Estate Planner?

For older adults who wait to plan until they’re 65 or older, it is hard to discuss their death and finances. An estate planner helps a senior have these hard conversations and make the right decisions.

As a certified financial planner familiar with income tax, estate tax, investments, assets, and savings accounts, estate planners address these financial affairs and prepare a family for the death of a loved one. Not only are they financially literate, but they should have a background in law or, at the very least, a working understanding of the law.

With so much to cover and many documents to write and fill out, it’s overwhelming for the average person to do this independently. Not only is it stressful, but there’s a high likelihood you miss something vital if you don’t have someone to guide you through the process.

While you should write a will when you’re 18, many folks wait until they’re much older. As you age, you naturally accumulate more assets, and the workload increases to establish your estate when you pass. In this case, it’s wise to work with an estate planner who can help you navigate these tricky waters.

Conclusion

While no one can force you to work with an estate planner, it is in your family’s best interest that you work with someone who can help you delve into your finances and assets. An estate planner is an experienced individual who understands the law and how you can best protect yourself and your family with necessary documents like wills and basic trusts.

If you are ready to establish an estate plan, reach out to us at Hickey and Hull Law Partners. We have decades of experience helping individuals like you make the most of their assets and protect their families in the future.

In 2020, Robert Julian-Borchak Williams was arrested based on computer-generated facial recognition. During his stay in jail, it was clear the facial recognition software was wrong – officers arrested Mr. Williams for a crime he never committed. Law enforcement makes mistakes, so it’s crucial you know what to do if an officer apprehends you. The best way to know what to do is to understand why a police officer will arrest you and the steps you can take after your arrest.

Reasons Why an Officer Will Arrest You

As a general rule, a police officer can only detain you if they have probable cause – a reasonable belief for the criminal charge, based on facts and circumstances. While all forms of arrest include probable cause, the two main reasons for arrest are the officer observed you committing criminal activity or the law enforcement agency provides an arrest warrant.

Observation of a Crime

While rare, if an officer sees you commit a crime, they can make a lawful arrest. Most times, police officers observe crime during a routine traffic stop.

By federal law, an officer can only pull you over if they suspect your vehicle’s involvement in a particular case or you break a traffic state law. Therefore, they can write a citation or arrest you.

Law Enforcement Provides an Arrest Warrant

If cops arrest you, a police investigation preceded your apprehension, and you were deemed their top suspect. Proper criminal procedure states that an officer must show up at your residence or occupation and provide a warrant for your arrest. Once a judge signs a warrant, every police station in the country has access to it, and if you cross paths with them, they can arrest you.

Steps to Take After You’re Arrested

If an arrest occurs, you must understand your rights and the proper steps to follow.

When an arresting officer handcuffs a suspect, they must recite the Miranda Warning informing the person arrested of their rights–right to remain silent and right to an attorney. Afterward, take these steps:

Step 1: Immediately Request a Lawyer Once Taken Into Custody.

Under no circumstances should you speak, write, or provide any statements regarding the criminal arrest without counsel present.

Step 2: Make a Phone Call

Contact a responsible person who will pick up the phone and help you in your present situation.

Step 3: Calmly Return to Your Holding Cell

While in custody, wait for your legal authority to show up and request evidence to help you with the next steps.

Conclusion

Arrests are a scary thing, and adrenaline runs high. The most important thing to do in an officer’s presence is to remain calm and listen to him. As the person charged, whatever you do, do not resist. If a cop says you committed a crime, understand there must be probable cause and follow the steps outlined here. Call Hickey & Hull Law Partners when you request an attorney. We have experience in criminal law and can help you get back to your life.

In 2020, over 11 million people went to the emergency room following an injury from a household item. This substantial amount of harm is problematic for products that should be safe. What should you do if a faulty product injures you? If you are injured, you should file a claim with a reputable group of civil lawyers, like Hickey & Hull Law Partners.

What Is Product Liability?

Product liability is a company’s responsibility to ensure its product does not cause damage or injury to the user. If a person is hurt using a product, the company is liable for any damages unless the case falls outside their liable discretion. For cases involving product defects, the person must use the item for its intended use.

Types of Product Liability Claims

If you are injured while using a product, you may be entitled to compensation based on your injury. There are three defined causes of injuries connected to product liability laws in the United States: defective manufacture, flawed design, and lack of adequate warning.

Defective Manufacture

Manufacturing defects are a form of strict liability and focus on an issue with creating the product itself. This defect is not related to the design itself but rather the execution of the invention. For example, in August 1999, General Motors dealt with a product liability issue in their 1979 Chevy Malibu’s where faulty gas tanks exploded upon impact–burning six people.

GM’s poor manufacturing of the gas tank cost $4.9 billion in settlement payments.

Flawed Design

Before manufacturing begins, flawed design is an issue–it was a defective product from conception. Design defects are typically a result of negligence and oversight. For example, in 1998, Dow Corning Corp. paid $3.2 billion in restitution for faulty silicone breast implants. The implants ruptured, tore, and leaked once implanted in the patient. This design defect injured and damaged the patients’ bodies.

Lack of Adequate Warning

When a company does not provide adequate warnings to its consumers about the risks of using a product, it is liable for any damages. Why? The company is held responsible for anticipating all uses and must determine what acceptable and unacceptable use is. But warnings are for more than improper use–warnings keep consumers safe. For example, in 1992, McDonald’s famous “Caution: Hot” lawsuit made national news.

In short, a woman ordered coffee and spilled it on herself. However, McDonald’s acknowledged they keep their coffee so hot it can cause third-degree burns in three to seven seconds--it was unreasonably dangerous. Such negligence to consumer safety and failure to warn resulted in McDonald’s settling with Stella Liebeck.

Conclusion

It would be best to be careful when using a product, but history has shown us that personal injury is often outside our control. In moments of pain and suffering, it’s essential to know you have legal resources within reach. Hickey and Hull Law Partners is always ready to help you file your product liability claim and help you get the financial restitution you deserve.

When the time comes for a loved one to pass away, it is essential to follow their final wishes. This person will have written their desires in a will. This vital document helps the family navigate life after the death of a loved one. With that said, it is wise to appoint one individual in charge of carrying out the will. This person is known as the executor of estate.

Definition

The estate executor is an individual listed in the will as the person who should carry out the will. The executor is responsible for handling all estate parts according to the deceased person's final testament.

How Is an Executor Chosen?

The most common way for Executor selection is through the will itself. When writing a will, the deceased person may work with a lawyer. An estate attorney will recommend that the individual select a family or friend they trust to carry out their final will during these meetings.

If the probate court finds the requested executor an inappropriate fit, they can change it. The court will reverse the Executor for reasons such as:

• Not of legal age
• Criminal history
• Substance abuse history
• Mental disability

If the will owner did not choose an executor, the probate court judge would appoint a personal representative to carry out the will. The person chosen is usually a family member of the deceased.

Being an Executor will take a lot of time. Smooth processes typically last several months. Complicated procedures can last years. Whoever accepts this role must be willing to see it through to the end.

 

What Can the Executor Do and Not Do?

Many responsibilities come with being the Executor of Estate. However, just as there are many things to do, there are several things a person should not or cannot do.

Can Do

An Executor can do several things, but the most crucial job of the Executor is to fulfill the wishes of the final testament. With that said, an executor's duties are to:

• Get several death certificate copies
• Notify creditors and loaners
• Pay debts
• Close bank accounts and cancel subscriptions
• Open an estate bank account
• Manage remaining assets
• Appear in court
• File the will

Each of these jobs is important, and the Executor cannot accomplish anything if one is missing.

 

Cannot Do

While Executors have many responsibilities, it’s equally important to know what you cannot do in this position. You are not allowed to:

• Act in a way that goes against the best interest of the estate
• Take money from the estate
• Sell pieces of the estate for less than market value
• Carry out the will before the individual passes
• Sign an unsigned will
• Change the beneficiaries

 

Conclusion

Dealing with the death of a loved one is difficult. It can be even more difficult when you are the Executor because you have so many more responsibilities. That’s where we can help. It is challenging to navigate the legal system when you are unfamiliar with it. When you work with Hickey and Hull Law Partners, we help you work through this difficult time. Visit us today to talk about all your estate planning needs.

Mens rea is Latin for “guilty mind.” It looks at the mental element of crimes committed by an individual. In other words, what was the perpetrator’s state of mind before and during the criminal act? Understanding the mental element of committed crimes is essential for accurate processing.

The Five Types of Mens Rea

Today, there are five types of mens rea. In the United States, the five types are general intent, specific intent, negligence, recklessness, and strict liability.

General Intent

General intent means the defendant had the intent to commit a criminal act from the very beginning. When the court uses this type, the prosecution must prove that the crime’s situation shows general intent. In other words, there must be evidence that clearly shows the defendant had the intent to commit a crime, whether or not he was successful. This category of mens rea is often associated with rape, battery, kidnapping, and other violent crimes.

Specific Intent

Specific intent means the defendant committed a crime with a particular end goal or result in mind. In other words, there was a desired result from the crime committed. For this criminal intent to stick, the prosecution must prove that the criminal acted in such a way that he knew something illegal would occur from his actions. For example, if an individual gets into an argument with another person and then pulls out a gun and shoots, this offender knows that he fired with the specific intent to kill or maim. Crimes involving specific intent include burglary, assault, and first-degree premeditated murder.

Negligence

Negligence is a type of mental state in criminal law where premeditation nor forethought aren't necessary; instead, the individual acts without regard for the well-being of others. Such ignorance of the law can result in the death of innocent parties or the offender himself. For negligence to make sense, the court must show that the individual behaved in such a way that put others at risk of death or injury without critically thinking about the effect of his actions.

Recklessness

Recklessness is similar to negligence. However, there is one main difference. Whereas negligence can argue that the offender was unaware of the law regarding specific actions and behaviors, recklessness is the direct disobedience of laws. The offender knows not to commit such acts because it leads to a prohibited result or is of a forbidden nature.

Strict Liability

The court almost exclusively reserves strict liability for crimes committed against minors. Crimes with strict liability do not require mens rea since there are other laws protecting children. If an offender takes such actions, it will qualify as a criminal act. A strict liability crime includes statutory rape, selling alcohol to minors, and bigamy.

Conclusion

There are many ways to look at criminal intent. One of the most powerful ways to defend or prosecute is to consider the defendant's mental state. The mental element of a crime is just as important as the physical act. Knowing why someone committed a crime or whether there was an intent can answer many questions.

If you need court representation, look no further than Hickey & Hull Law Partners. With decades of experience, we are ready to represent you in all types of criminal cases.

When you are young, you do not expect to die anytime soon. Therefore, you probably don’t think about things like retirement, savings, and a will. Unfortunately, none of us know when we will die, so leaving these crucial responsibilities for later can hurt our loved ones if we die prematurely. Premature death is common and unfortunate. The US life expectancy is 75, so premature death is when someone dies before the age of 75. Additionally, 20-40% of premature deaths are preventable.

While some deaths are preventable, sometimes it is too late. One of the essential documents anyone can ever complete is a will. Hickey & Hull Law Partners can help you write your will and ensure your loved ones receive their gifts after you die.

What Is a Will?

A will is a document created, designed, and signed by an individual who specifies those who should receive a person's assets. It is essential to have a will. If you do not create one beforehand, the state is responsible for dividing your estate. Since the state is unaware of familial relations, they split the assets among living family members. The chances are that the way the state will divide your assets is not the way you would have wanted them split.

Therefore, creating a will is crucial to have authority over which family members will receive particular gifts. When making your will, you need to include four main parts:

1. The names of the people or organizations to inherit your assets after your death.
2. A trusted person to carry out the wishes of your will.
3. Name an authorized person(s) who will take care of minor children and pets.
4. Your signature and the witnesses’ signature

 

Each of these pieces will expedite the transfer of assets and property after your death. You need to have at least two witnesses with you when signing your will. Neither of these witnesses can be beneficiaries in the will. Their signature and witnesses testify that you were of your right mind and signed your will on your own accord.

Why Is a Will Important for Estate Planning?

A will guarantees appropriate distribution of your assets (including property, heirlooms, and anything else) to your loved ones. The will for your estate planning is a binding legal document that necessitates probate court.

When you create one, your property and the will become public record. Therefore, contents in the will must go through a probate court. While a probate lawyer is expensive, it is the best way to ensure everyone receives what is due.

Understanding probate court is critical when considering guardianship for minors. If you do not appoint a family member as guardian, the state will appoint someone in court, like your surviving spouse.

Conclusion

Creating a will as soon as you turn 18 is not too early. You can adjust and change things over the years. It guarantees you can leave your loved ones with everything you want them to have when you die.

Hickey & Hull Law Partners has an estate planning attorney who can assist you in writing your will. We will help you make sure you’ve included everything you want to include. Likewise, we can assist your loved ones in the probate process when the time comes for them to receive their assets, personal property, valuables, and guardianship.

Violent crimes increased by over 30% in 2020 when compared to 2019. This increase is the most significant jump in recorded history. While most criminals are arrested and justly charged for their crimes, some suffer wrongful arrest. Every year, law enforcement wrongfully arrests men and women for crimes they did not commit.

Recently, the American Civil Liberties Union (ACLU) filed a case against Arkansas because the state passed a law that allows insurance companies the liberty to refuse treatment of transgender individuals. A law like this, though not criminal, can still be taken to court and overruled. Civil litigation is a lawsuit against an action that has caused some injury to a person. At Hickey and Hull Law Partners, we handle civil cases and help you get the justice you deserve.

I believe that nearly everyone needs a will or at least some equivalent estate plan (Trusts, beneficiary deeds, etc.). If you are totally broke and have no children, then you probably do not need a will. But most other folks can benefit from having at least some basic estate planning (with the most basic generally being a will). There is a bit of a misconception out there that if you do not have a large estate then there is no benefit to having a will. That is simply not true. If you have any property that you want to pass down, then you should prepare the proper documents to make those transfers when you are gone. For most people, the property is going to need to go through the probate process in some manner. Preparing a will and establishing who you want to be the administrator of your estate is reason enough alone to do one.

If you want to ensure that your property passes to the people you want to receive it, then you will need to make a will. If you do not do so, then the laws of the state will govern who receives the property - which may not be what you’d prefer. For example, in Arkansas that might very well mean your children receive property that you wanted to go to your spouse. Or, vice versa, it could give property to your spouse that you wanted to go to your kids. The other benefit of preparing a will or doing basic estate planning is establishing what property you have to pass down. Often when an individual passes, it can take a substantial amount of time to track down all of his or her property/assets - and some surely go unclaimed.