Personal Injury Do’s and Don’ts

When talking about auto accidents in terms of a potential Personal Injury case, it’s important to do everything you can to help your case, and as little as possible to hurt it. This article provides great tips. I couldn’t have said it better myself!

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What would you put in the above caption?  “I’m soooo sorry!  It was all my fault!”  Or perhaps, “What were you thinking!  This is all your fault!”  The steps taken immediately following an accident can have far reaching consequences for an injured party.  The following article is a list of Do’s and Don’ts for anyone involved in an accident.

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(The following information is courtesy of the Illinois Bar Association)

If you are injured because of someone else’s negligence or a product malfunction, it’s important to know what to do and what not to do at the time of the injury and beyond. The following Do’s and Don’ts will guide you as you build your case for full financial recovery.


  • Exchange insurance information with others involved. Also, try to gather names, phone numbers and addresses for all potential witnesses. Give this information to the…

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You Want to Search My Cell Phone? Get a Warrant!

Big news on the search and seizure front – the United States Supreme Court ruled today that cell phones may not be searched without a warrant.

The Supreme Court held that police generally may not search digital information on a cell phone of a person being arrested, unless they first obtain a search warrant. Here are just a few of my favorite quotes from the opinion:

“These cases require us to decide how the search incident to arrest doctrine applies to modern cell phones, which are now such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy.”

“The United States asserts that a search of all data stored on a cell phone is ‘materially indistinguishable’ from searches of these sorts of physical items…That is like saying a ride on horseback is materially indistinguishable from a flight to the moon.”

In response to the Government’s suggestion that police departments can institute protocols to guard against reading protected information stored on the Cloud but visible on the phone: “Probably a good idea, but the Founders did not fight a revolution to gain the right to government agency protocols.”

“We cannot deny that our decision today will have an impact on the ability of law enforcement to combat crime…Privacy comes at a cost.”

“Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans ‘the privacies of life.’”

The case stems from two trial level cases. In the first, the defendant was pulled over for traffic violations which led to the impounding of his car. An officer looked through a smart phone found during an inventory search of the car and noticed gang lingo. Once at the police station, a forensic expert looked more closely at the phone and found photographs and other damning evidence linking him to a shooting a few weeks earlier. He was charged based on that evidence, convicted, and sentenced to 15 years to life in prison – an enhanced sentence because of his gang relations that were also discovered on the phone.

In the second case, the defendant was arrested after police observed him participating in a suspected drug sale. The police searched his flip phone, traced a number that was repeatedly calling the phone, and got a search warrant to search the house the call was coming from.  There, they found drugs, guns, and cash, and the defendant was charged with drugs and firearms offenses.

Head on over to SCOTUS Blog for a full analysis of the decision and its implications. It’s clear that this decision could create suppression issues for many cases, allowing for dismissal of charges. Officers no longer have free reign to use the “search incident to arrest exception.” With all the private and protected information we keep on our phones, I’m just glad to see the Supreme Court is finally catching up to technology.

Announcing the Opening of The Fliszar Firm

As you may have noticed, I’ve been somewhat MIA lately. That’s because I’ve been working hard on a new project – opening my own law office. And it’s finally happening!

I’m proud to announce the opening of The Fliszar Firm. The website is still under construction, but feel free to check it out. The work my office will do is much like the topics I discuss on this blog, focusing on litigation. The firm is located in Bethlehem, PA and primarily handles cases in Lehigh and Northampton Counties.

The Fliszar Firm offers representation in the areas of Criminal Defense, including traffic violations, DUIs, drug offenses, assault, sexual assault, and homicide; Personal Injury, including child abuse/sexual assault/other victims of crime, slip and falls, nursing home neglect, car and motorcycle accidents, construction accidents, and head, neck, and back injuries; Workers Compensation; Social Security Disability; and Animal Law, such as pet trusts, pet custody, eviction, feral cat colony care, cost of care, dog lemon law, and animal welfare.

Head on over to Facebook and like us, and check us out on Google Plus while you’re at it. Be sure to stay tuned here at Common Law, because I’ll be posting a great story about how I recently got a DUI case dismissed based on a rarely used legal argument.