Category Archives: tulsa lawyer

Responsibility for Emotional Distress

Tracy A. Cinocca Posted on by

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

Tracy A. Cinocca Posted on by

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 →

It’s About Safety – Personal Injury & Wrongful Death

Tracy A. Cinocca Posted on by

Personal Injury and Wrongful Death: “It has been shown that to injury anyone is never just anywhere”- Socrates This is a great quote, it is the reverse axiom of the Golden Rule. Personal injury law covers a lot of ground of many different situations of people who are injured. People generally think of legal actions involving automobile accidents and that’s because of the commercials they see. Other categories of claims usually involve safety and safety compliance. Administrative and regulatory agencies create and enforce rules for our safety. If a company or person violates those rules they may be liable for any damages sustained by you or your child. It is all about safety! If someone failed to maintain safe working order, violated safety rules, or created an unreasonably dangerous condition, especially to children, they may be liable for  damages. There are two main aspects for personal injury claims: Liability & … Continue reading →

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

Tracy A. Cinocca Posted on by

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 →

Golden Rule: Resources Video for Access to Justice

Tracy A. Cinocca Posted on by

Golden Rule Resources Access to Justice. We all want it. We all need it. Sometimes it may elude us, or we might not know where or how to get it. As a longtime attorney, I too often see unnecessary damage done to people- emotionally, financially, & physically. It may be situations such as: being singled out in a negative way, or bullying which can happen at school, online, at work, or even at home. If only we could all follow the Golden Rule: “Do unto others as you would have them do unto you.” Since not every situation may require legal action, justice can come in many forms. You’ll find a list of resources below, for help on a wide range of difficulties you may be facing. Remember there is help, and there is hope. Visit our Golden Rule Resources website for resources to help you through any type of trouble. Any input … Continue reading →

The End… of Your Business Partnership

Tracy A. Cinocca Posted on by

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 →

Legal Aid Services of Oklahoma: A Golden Rule Resource

Tracy A. Cinocca Posted on by

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

Tracy A. Cinocca Posted on by

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 →

What To Do If You Are Being Treated Unfairly at Work?

Tracy A. Cinocca Posted on by

VIDEO TRANSCRIPT- What To Do If You Are Being Treated Unfairly at Work One of the biggest complaints I hear is when an employee is upset with their employment situation because they feel they are being singled out or are not being treated fairly in the workplace – typically by a supervisor or co-worker. This is especially intolerable to long-term employees, those retaliated against for whistle blowing, or engaging in some other right protected by public policy. It is also especially intolerable when it is overt, ongoing, and continuous. It is important to understand that Oklahoma is a state where you can be hired and fired at any time, for almost any reason, EXCEPT in circumstances such as: Age (if over 40) Race Color Sex Religion National Origin Disability Pregnancy Genetic Information Retaliation and/or Whistle blowing *May not apply to government workers, workers under contract, labor union agreements, or other groups because different laws, rules, or … 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 →