Category Archives: lawsuit

Responsibility for Emotional Distress

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Emotional Distress. Sometimes it is an element of damages, but it can also be an independent claim in personal injury and wrongful death cases. What does this mean to you or your claim? Oklahoma has standard Uniform Jury Instructions that address the basics of emotional distress for a jury to understand their role in awarding damages for emotional distress or not. Though case law or other argument can trump the use of this language before juries, the Uniform Jury Instructions (referred to as “OUJI”) are designed to apply in many general contexts, subject to case specific revisions. For example, OUJI defines the term “emotional distress” as “mental distress, mental pain and suffering, or mental anguish.  It includes all highly unpleasant mental reactions, such as fright, horror, grief, humiliation, embarrassment, anger, chagrin, disappointment, and worry.” OUJI 20.3. Oklahoma Uniform Jury Instruction No. 20.1, sets forth the elements of liability which must be … Continue reading →

Most Frequently Requested Legal Issues Explained

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In almost two decades of questions from the public at large, I have determined the top five issues people have that compel them to contact an attorney, & created a video for each. 5. Injuries. The public at large is concerned as it should be about what to do if injured. The answer to this question varies greatly depending on the facts and circumstances of your injury. We created a general video to talk about the large umbrella called “tort” law. What might be a tort and what may not be a tort? Could you have a claim? We recommend before contacting an attorney, if you are unsure, think about safety. Did someone fail to keep premises safe? You may already know the area of tort such as an automobile accident or a slip and fall. But what about a child who jumps on an oil rig and his leg … Continue reading →

Family Law: In All Divorces Video

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Family Law: In All Divorces You or your spouse just filed for divorce– now what? Divorce can devastate families. If it happens, there are 3 steps that I recommend you take. 1. Gather all important paperwork from your life together. This means: bank statements, credit card statements, retirement accounts, etc. 2. Consult with an attorney. Find out what the costs may be for your divorce and the factors that could increase those costs. If you and your spouse are able to work out an agreement, you could save a lot of time and money. Get that information to your attorney to draft the paperwork and you’re done. (A good tool is our Attorney Fee Calculator). 3. If you find yourself in a courtroom because you can’t agree, you need to know the rules. This is VERY important. You need to know the conduct that is expected of you. Look at the Summons and Notice of Automatic … Continue reading →

Military Discount!

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Tracy A. Cinocca, P.C. is proud to announce that our firm offers special pricing for U.S. Military and Veterans as our way of saying thank you for your service!  ?? For more information about this offer contact with proof of active military duty or honorable discharge for a ten percent discount. Please contact us below!

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The Psychology of Litigation: Diagnostic & Statistical Manual of Mental Disorders

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Going to court can bring out stress. People do not always behave their best and it is usually one of the worst periods in a person’s life. Whether your lawsuit is against a formerspouse, employer, business partner, or another, it is not unusual for the pressure to push someone into an uncharacteristic mental state. This is what our blog series on the “Psychology of Litigation” addresses. Major stress factors in life include emotionally charged situations or big life changes. This includes Litigation. (See Holmes and Rahe’s (1967) Social Readjustment Ratings Scale here). Litigants should be prepared for the mental stress of Litigation and ready to run the Litigation course long term, if necessary. How different people deal with situational distress caused by litigation can be affected by whether they have a mental condition – diagnosed or not. If mentally healthy people suffer such distress, then imagine the different types of reactions … Continue reading →

The End… of Your Business Partnership

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The End …. of Your Business Partnership Breaking up is hard to do. Like marriages, business relationships sometimes break up. When ending a business relationship there are several questions you will need to answer: 1. What type of business is it? How is it formed with the Oklahoma Secretary of State? Or, is it a a partnership? Limited or General? ex: Limited Liability Company (LLC); C Corporation; Sub Chapter S Corporation; Partnership; Limited Partnership, Etc. 2. Do you have a written agreement or formation document? -If YES: Review that agreement with an attorney and make a plan for how to proceed. -If NO: There may be default statutes in place that effect your type of business organization on how to handle a break up. 3. Do all parties agree with the accounting, and is it up to date? -If NO: A plan to do this is required. 4. Is your business breakup amicable? -If … Continue reading →

National Law Day & the 50th Year Anniversary of Miranda

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May 1st is National Law Day! This year’s Law Day which was Sunday, May 1, was extra special. This is because it is also the 50th anniversary of the landmark 1966 decision of Miranda v. Arizona, 384 U.S. 436 (1966). This case marks the beginning of Miranda rights required to be stated to a person under arrest. This includes rights protected by the 5th Amendment. This includes the right to remain silent; that statements by the suspect may be used in court; that the suspect may consult with a lawyer during interrogation; and that a lawyer will be provided, if the suspect cannot afford one. The Miranda rule helps balance police interrogation with an individuals rights. However, so many of us allow our individual rights to be usurped when we believe we have nothing to hide. In speaking to the police anything you say will be used against you. Nothing you say … Continue reading →

Legal Aid Services of Oklahoma: A Golden Rule Resource

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Legal Aid Services of Oklahoma Legal Aid Services of Oklahoma “LASO” is an organization whose mission is “making equal justice for all a reality.” Established in 2001, as a result of the merger of Legal Aid Services of Western and Eastern Oklahoma, LASO is a registered nonprofit that provides civil legal assistance to low income individuals across Oklahoma. If an individual qualifies, they are not charged for any of the services provided by LASO. Funding for the services provided by Legal Aid come from the Legal Services Corporation, the State of Oklahoma, the Oklahoma Bar Foundation, 15 United Way or United Fund organizations, as well as generous donations from attorneys, firms, business, and individuals throughout Oklahoma. Those donations can be in the form of funds or the legal time provided by the attorney at no cost to you if LASO approves you for services. In most cases, many attorneys work pro … Continue reading →

How to Choose a Lawyer Video

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The first video I made several years ago is called “How to Choose A Lawyer.” Here is what I said which still applies.  First, you want to make sure that your attorney is qualified. Second, you want to see if you like the attorney’s personality and if you think they’re a good match for you. Third, you want to look at their business practices and procedures. Fourth, you want to have a feeling you can trust your attorney to do the right thing for you when you aren’t there. ARE THEY QUALIFIED? Choosing a lawyer can be a difficult and maybe overwhelming experience. There are so many choices and so many options. Of course you want your attorney to be qualified. You need to have an attorney who is qualified in the area of law, that your issue is in. Try to know and try to understand what area of law it is … Continue reading →

Grounds for Divorce: When It is Important & When It is Not

Tracy A. Cinocca Posted on by

Oklahoma Courts & The Grounds for Divorce– When It is Important & When It is Not! The way couples approach divorce vary. Some are matter-of-fact because it has been agreed or discussed. Others find it emotional and heart wrenching, especially, when there were affairs, abuse or highly charged emotional situations. A preliminary question I receive from people is “Can I divorce my spouse specifically for some wrong committed?” Technically, the answer is yes, if it fits within the statutorily enumerated grounds. 43 O.S. ¶ 101 lists these grounds, which are: 1. Abandonment for one (1) year. 2. Adultery. 3. Impotency. 4. When the wife at the time of her marriage was pregnant by another man than her husband. 5. Extreme cruelty. 6. Fraudulent contract. 7. Incompatibility. Provided, however, where the interest of a child under eighteen (18) years of age is involved, the adult parties shall attend an educational program concerning … Continue reading →