Legal Article Written by HG.org
Estate planning is the process of determining how to treat property upon a person’s death. This process is often complicated if a person has property in different states or countries.
When both parents of a child are willing to work out the support he or she receives, it is possible to modify the child support order put in place by the court. While the agreement between both mother and father may appear fair, it still must go before a judge.
Intentional infliction of emotional distress is a tort that allows for recovery when one person’s outrageous conduct results in severe emotional trauma to someone else. There must be specific elements that are met in order for the victim to recover compensation from the person who caused the distress.
Business partnerships can be a favorable way to launch a business by combining a shared vision of the business, complimentary skills and capital from multiple sources. However, many business partnerships end on bad terms. In many cases, this is due to the business partners failing to plan or making preventable mistakes.
When an accident occurs, the victim usually must deal with at least one insurance company to resolve the matter. This could be through an interview, through a statement requested and an investigation into the matter may transpire to ensure the proper settlement is provided.
When someone has been accused of committing crime and is in need of a lawyer, he or she is permitted either a public defender or a privately hired lawyer as per the Sixth Amendment of the United States Constitution.
There are a number of ways in which real estate lawyers are able to transfer property from one owner to another. This is called conveyancing and is a legal means of property transfer.
When the creator of a trade secret must do business with another business, it is important that the secrets that are often disclosed to other business are protected as much as possible.
There are several types of litigation possible involving real estate deals. It is when there are construction disputes that these matters become more complicated.
Child support sometimes takes years to collect when absentee parents intentionally shirk from their responsibilities or take time to catch up to the obligations of a court order. If a child who was the subject of support is now an adult and an existing support order is in place, questions can arise as to whether the child should be entitled to the support.
When a neighbor is being a nuisance, there are some instances where the person affected may file a claim against them. This is often seen when the nuisance affects the quality of life, the value of property or may injury someone through illness or bodily harm.
When property owners have disputes with others over trees, creeks, cattle crossing and other matters, it is important to know what the property line is that exists on the land.
Insurance policies are often purchased for home, car, life with work, medical and when a something else is needed. Some of these are to protect in case something happens.
Personal injury claims are almost always restricted for filing by a time limitation based on the state and the injury being claimed. The circumstances surrounding the incident may allow for certain extensions, but the time frame to file for a claim is often controlled by what is known as a statute of limitations.
When there are business concerns that require the assistance of a lawyer, it is best to contact and then consult with a business legal representative.
Damage to the ligament is common when a car accident occurs. When an expert witness is needed for the case, this professional must determine how to evaluate the injury of the ligament and how it applies to the case.
The Americans with Disabilities Act protects a person that has a disability for employment, when in public establishments and from various forms of discrimination.
There are several types of divorce proceedings and manners that couples decide to dissolve a relationship. One that provides a swifter conclusion is an uncontested divorce. The other that may cause extensive time, money and energy to resolve is a contested divorce.
When a child has been adopted and told about this, he or she may feel like an entire world of possibilities is missing from his or her life. The idea of blood relatives may play on the mind until something is done.
Bicyclists are sometimes the reason a traffic accident occurs. While these incidents are not common, they may be catastrophic depending on the factors of the situation. If the bicyclist swerved into oncoming traffic, he or she may have just caused one vehicle to collide with another.
Consumers and buyers of real estate are protected by the Real Estate Settlement Procedures Act. When mortgage lenders, various servicers and brokers are involved in a deal, they must ensure certain disclosures are explained to these buyers about costs involved in purchasing the real estate.
The rights to minerals on land may be complicated when applied to inheritance or legal struggles. If there is a transfer of ownership, there could be several ways to transfer the rights.
As the number of elderly individuals increases in the general population, there is a greater number of persons entering nursing and assisted living facilities either of their own volition or due to family.
Workers’ compensation claims are processed through a company that has a package purchased to take the place of other plans when an employee becomes injured while working for a company. However, it is possible that a claim may be denied.
Frozen embryos are considered property by most states due to the both a lack of laws regarding the freezing and distribution of these embryos and the idea that they are not human until they are born.
New business owners can take steps during the initial stage of their business to protect their legal interest. The following tips can help a business owner start with a strong foundation.
Many child custody cases are heated and involve allegations from both sides lodged against each other. Having a private investigator can help tilt the evidence in one direction. A private investigator can perform a number of investigative functions to gather the information necessary to prove the client’s claims.
In some situations, a child who has not yet reached the age of 18 may want to acquire the right to make certain decisions regarding his or her own life. Emancipation from his or her parents may provide the ability to acquire this right.
Animal attacks are common in areas where there are forests and family home developments. However, many of these dogs are carefully managed by their owners. In some instances, they are provoked or instigated into biting another person. On occasion, they attack an innocent with no seeming reason.
In some divorce cases, it may become necessary to hire a private investigator to help with the process. An expert may be needed to find certain evidence and to complete specific tasks before the divorce is final. This helps to protect a person’s legal and financial interests.
Class action lawsuits are occurring with greater frequency due to so many multiple party litigation cases. When a company has harmed or injured numerous individuals, it is possible that a case against the business is possible with everyone aggrieved attached.
At some point during the course of the business partnership relationship, there may come a time when the partners no longer want to work together. This can be because of a fundamental difference regarding the way that they want to run the business.
There are many personal injury cases caused due to an incident with physical objects instead of specific persons. These are usually due to defective products created by a manufacturer or distributed by a company.
There are many versions of sharing someone’s private details by accident that are not considered an invasion of privacy. However, when the divulging of these specifics is accomplished in certain ways, a claim may be possible for the damage this act causes.
Truck accidents are among the general vehicular incidents on the road that lead to property damage, injury and death. When a truck collides with a smaller or less equipped car, the truck usually is damaged less, and those inside the bigger vehicle tend to have fewer injuries.
Property division is one of the most contested issues in divorce cases. However, this issue becomes even more contentious and emotional in cases involving couples with a high net worth. Some unique considerations for these individuals include:
Many people start to run small businesses because a hobby starts to become more profitable. They often begin their businesses out of their own homes and only later move to a larger location when it is financially feasible to do so.
Many professionals have built a practice from the ground up. These could be physicians, dentists, veterinarians and those of similar backgrounds.
Accidents involving motorcycles are often severe and life-threatening when not fatal. Safety gear and protections may lower these imminent threats, but they do not usually eliminate the potential for serious injury or possible life loss when a collision does occur. Many of these wounds are grievous enough to change the lives of those included in these events.
Every state has a law related to the amount of time a person can bring forth a personal injury case before being time-barred from making the claim. These laws are referred to as the statute of limitations.
Wrongful termination is a specific legal term that does not apply to every situation involving terminating an employee. In many instances, firing an employee is legal. For many situations, an employer does not need to give a reason for a firing. However, in some circumstances, wrongful termination arises and an employee may be entitled to certain damages.
An Individualized Education Plan (IEP) is used when children are in need of assistance due to issues such as attention deficit hyperactivity disorder, learning disabilities and other special needs that necessitate alternate teaching methods.
The disclosure of certain details about real estate deals is usually misunderstood. What may be provided is not often known. This may be due to constant changes in disclosure laws.
Car accidents with governmental vehicles are not common throughout the United States, but these incidents may occur with greater frequency in those states and cities where officials reside.
Dram shop laws relate to cases in which a person has received alcohol from an establishment and then causes an accident while in an intoxicated state. Dram shop laws allow victims who were hurt by the intoxicated driver to pursue compensation from the establishment or party that provided alcohol to the intoxicated driver.
Catfishing schemes have become more common as social media presence has increased over time. They often lure unsuspecting victims in, potentially costing them time, money and frustration.
Real estate processes are often complicated unless the individual has a background in these matters. For closings, different areas call this settlement or escrow.
Private investigators are often able to held identify the culprit of crimes or wrongful acts even when this individual is someone who is anonymous and hiding behind a computer screen. Discovering this information can help a concerned parent narrow in on what he or she may be able to do to protect the teen.
Drones have become an everyday consumer electronic device. Unfortunately, with advancements in technology, there are often dangers when the devices advance faster than the safeguards put in place for customers. These dangers could cause injury to those that purchase them. If this occurs, it may be important to contact a lawyer for potential compensation.
Commercial transactions often have long-lasting consequences including the ability to gain or lose a significant amount of money. The due diligence process provides protection to buyers and safeguards against determinable issues that affect the purchase.
The federal Americans with Disabilities Act (ADA) provides protections for disabled workers. One of these protections include providing a reasonable accommodation to applicants and employees.
Workers’ compensation packages provide what benefits are allotted to workers when they have been injured while at the jobsite performing duties or when working for the company away from the building. These may be provided for work-related ailments, illness and disability as well.
Whether renting a property or renting out the property, it is important to consider what lease provisions to include. Either party can make suggestions regarding the lease so long as any suggested provisions are not in violation of the applicable laws.
In usual circumstances, an expert witness is provided immunity from lawsuit. This is due to an immunity doctrine established by the United States Supreme Court in 1983.
Falls, slips and other accidents that lead to injury inside a store may result in a valid legal claim when confronting the business. This often depends on the reasonable accommodations taken in preventing accidents and ensuring the safety of those of the public that enter and exit the store.
The average personal injury case does not exist when it comes to compensation or negotiation. However, most of the proceedings are similar if not the same from each claim filed. These events process with stages from beginning to end that usually have the same steps.
Asbestos exposure has been proven conclusively by scientists to be deadly to individuals that are around the material. It is important that employers protect workers from these potential hazards that affect the health of those exposed to asbestos.
When questions and concerns about medical insurance arise, an insurance expert witness may be needed to strengthen the case.
Real estate deals are often fraught with difficulty due to the purchasing, selling, clients and outside factors. When the home is in need of repairs, additional factors come into play.
Undue influence can cause a vulnerable person such as an elderly person or individual with cognitive impairment to change his or her will or other financial document. Skilled manipulators may get the elderly person to do their bidding and move away from their natural inclination to provide to certain individuals.
When a person is embroiled in a personal injury case, the discovery process provides a reasonable way for him or her to gather information. There are a number of mechanisms available to parties involved in the case.
There are many different types of accidents that may occur that lead to a personal injury case. When determining a settlement, the question that often must be considered the most is if a lawyer is necessary.
Forensic accounting is a specialized form of accounting that is conducted by an expert in a particular field. It can be used in many applications and consists of a wide array of activities. The forensic accountant may testify in court as an expert witness.
A workers’ compensation investigator may help companies determine when an employee is committing workers’ compensation fraud by conducting surveillance on the employee in question. Private investigators are often hired in this capacity to protect the business’ interests.
Wrongful death situations transpire in accidents, at work and between persons where the deceased experienced some circumstances where he or she expired due to actions of the other party.
Everyday people are injured and must go to an emergency room to seek care for their medical needs. However, in some cases, a doctor’s errors may result in causing even greater harm to a patient. When a doctor acts in a negligent manner, an injured patient may be able to pursue financial compensation for the harm caused to him or her.
Every year, elderly individuals are abused, neglected or exploited. In many cases, this abuse is inflicted by a caregiver, which may be a professional caregiver or a family caregiver. Since older individuals are more vulnerable due to possible isolation, cognitive impairment and being frail, abusers often take advantage of these characteristics to cause harm to them.
Children are harmed in school constantly in usual occurrences where the child is just running, exercising or playing with other kids. However, there are other situations where the individual young person has been injured because of negligence of the administration or due to intentional acts by another school child.
The injuries suffered by victims of police brutality may be extensive and require several medical procedures that are expensive and may not be fully covered by health insurance.
Spousal support is not ordered in every case. Instead, one party must request it or the parties must agree to it. After determining that spousal support should be awarded, courts may be tasked with the difficulty of determining how much support to award.
When a married couple gets divorced, the court may be tasked with the responsibility of dividing their assets. Additionally, the court may make the determination about whether or not to award spousal support, or alimony.
The digital world of the electronic age is rife with invasions of privacy, identity theft and various instances of crime. There are many situations where someone finds his or her picture online posted to Facebook.
Car accidents involve children often when the driver has kids under the age of eighteen. While the responsible party may not have any younger passengers, the victim may sustain injuries along with his or her youths. In certain incidents, the child is the only one to sustain physical wounds.
California Labor Code defines an independent contractor in Section 3353. However, the state and the Internal Revenue Service have more carefully scrutinized the classification of a worker due to the rampant abuse of designating employees as independent contractors in order to avoid employer responsibilities.
Car accidents often leave the victim with medical and therapy bills that must be paid even after insurance has been exhausted. When this occurs, the person may feel that litigation is necessary or that a claim against an insurance company is needed due to a settlement not being sufficient.
When one person’s negligence results in the death of another, a wrongful death lawsuit may be filed. Individuals contemplating such a lawsuit may have a number of questions regarding wrongful death lawsuits, including:
The personal injury claims process is often a long and arduous one, but with the assistance of a lawyer, the entire situation may be less complicated and more understandable. When the victim has been injured through an incident, he or she should first contact a lawyer for a consultation and discover if a case is possible, has the potential for success and is valid.
When the victim of a car accident has initiated a case for compensation, he or she may be advised that it is best to ensure there is photographic evidence to strengthen the claim.
After an accident, the victim usually must deal with an insurance agency that sends an adjuster to interview the injured party and gather all the facts and details surrounding the incident to determine how much compensation must be provide to be sufficient and avoid litigation if possible.
In the age of technology, the flying drone has become just another consumer electronic that may be purchased for personal and private use.
There are many circumstances that may result in a loss for a case long before the incident passes through the first stage of legal processes. These situations may include what is referred to as an assumption of risk.
There are all types of various private investigator tools that can help track information, including cellphone spyware. These tools may help private investigators monitor a target’s activity. However, using such programs may not always be legal.
When two vehicles are involved in a car crash, establishing liability and which insurance company should pay may be fairly straightforward. However, if one of the vehicles was used in a rideshare program at the time of the accident, the situation can become more difficult.
Today, social media is used by most people on many different platforms. Using social media has an instantaneous effect in that the public can read about a situation immediately after it has arisen. This situation can lead to unwanted publicity and attention for a business when the social media post has to do with business practices.
Some people who are buying or selling their home may try to minimize the cost associated with the transaction by foregoing using a lawyer’s services.
Boundaries with real estate are good to have so that each person is aware of what property he or she is responsible for. This also enhances relationships when there are fewer disputes.
Injuries occur at school that leave the victims traumatized in multiple ways that could lead to long-term damage. These children could be hurt by others of their own age or someone older such as a teacher.
Individuals who are currently in the United States without proper documentation may decide to move to Canada at some point. Knowing how a move of this nature can affect an immigrant can help an immigrant make a more informed decision.
When a person has been pulled over because of suspected driving while under the influence of alcohol or drugs, he or she is usually tested with a field kit or a breathalyzer machine.
Medical malpractice cases are complex and often take a substantial amount of time when tried. They can be expensive for both parties.
While there are many experts hired for a case used within the walls of a courtroom, there are some that have been retained to provide assistance or details about the subject of the case that deals with a specific field of expertise.
When certain circumstances occur, a waiver must be signed to proceed with a situation. These could be for employment, disclosed secrets and various other activities that require legal documentation.
There are many questions to be asked about the Jones Act and Maritime Laws. These involve seamen that may be injured in the line of duty or during usual job duties.
Spouses who are concerned that their spouse is being unfaithful have options including hiring a private investigator. A private investigator can use technology and conduct surveillance in order to discover whether a spouse has been stepping out on the marriage.
Private investigators can help look into possible scams to help prevent a person from losing time, money and frustration. Many scams occur around holidays and prey on people’s vulnerabilities.
Standards were set for expert testimony to be provided and admissible for court in the case of Daubert. After this, the challenges associated with testimony provided by expert witnesses are known as the Daubert Trilogy.
When an expert witness has been obtained for a trial or case, he or she is questioned about his or her expertise. This knowledge of the relevant material is often invaluable to the case involved with the witness.
Products with design flaws or defects often harm those that purchase them after normal and intended use has been initiated. Unfortunately for those that drive a vehicle with these issues, individuals may suffer injuries that may be severe or cause the loss of someone’s life.
An increasing trend in personal injury cases involves claims that are brought forward related to a loved one acquiring bedsores. The formation of these bedsores may provide a basis in a lawsuit.