Whether you can sue your Uncle or not will depend on a variety of factors including the date of offense and any evidence that might have been gathered at the time. If the molestation by your uncle happened too far in the past, the statute of limitations to file a lawsuit may have already lapsed. For a better understanding of your rights and options I would contact a personal injury attorney. I do not practice that type of law but if you give me a call (see below) I can give you a good referral.
The Law Office of Matthew D. Sharp
I’m so sorry to hear that this happened to you.
It sounds like you did all the right things by sharing your information with the other driver, obtaining what information you could from him, and calling for a police report. It would seem as though the license plate number would be enough for an insurance company to locate the policyholder, even if the policy number is incorrect. If they can’t, it’s possible that Allstate isn’t actually his insurance company. It sounds as though you’re on the right track with filing a claim with GEICO and allowing them to track him down with the information you provided.
You mentioned some back pain. It’s important that you get a medical examination right away. Sometimes, more serious symptoms don’t appear immediately — it could take days or weeks for some conditions to become apparent after an accident. You need to get documentation from a medical professional of your condition. If the back pain leads to anything that requires treatment (medication, surgery, etc.), or if it requires you to take time off from work or affects your life in other ways, you’ll want to be compensated for that. An accurate medical record is crucial to receiving the compensation you deserve.
You asked when is the time to involve a lawyer… it sounds like the time is now. There are a few reasons for this: The first is that you’re having some trouble tracking down an insurance policy for the other driver and he wasn’t entirely cooperative. GEICO might be able to resolve this, but maybe not. It’s always good to have a lawyer in your corner when one party is uncooperative.
The second reason is that you’re beginning to experience some physical injury as a result of the accident. You might not know yet the extent of the injury or treatment, but medical bills can accumulate fast. Also, you want your lawyer to review any settlement offered by the insurance company in order to make sure that the amount will cover the full extent of your injury and treatment. If you will require future medical treatment resulting from the accident, you can’t go back to the insurance company and request more after you’ve agreed to a settlement. Your lawyer can advise on whether an offered settlement will be enough.
Please feel free to use the Enjuris law firm directory to find a Maryland personal injury lawyer who can help. Best of luck and I hope you feel better!
In South Dakota, liability insurance, comprehensive insurance, and collision insurance typically follow the car. This means that the owner’s liability, comprehensive, and collision insurance will cover the driver of the car. However, the coverage may be void if the owner of the car is unlicensed depending on the wording of the specific car insurance policy.
On the other hand, personal injury protection (PIP) and MedPay coverage typically follow the driver. In other words, if you have PIP or MedPay coverage, it should pay for your injuries regardless of who owns the vehicle.
Keep in mind that the above information is only relevant if you caused the car accident. If someone else caused the car accident, then their liability insurance will pay for your damages, regardless of who owns the car and whether they’re licensed.
I’m sorry to hear about your accident.
Many insurance policies contain a “choice of law” clause, which states that a certain state’s laws will govern the policy regardless of where the accident took place.
If the policy at issue doesn’t contain a choice of law clause (or if the clause is unenforceable as written), the court in which you file your bad faith insurance claim will determine which state’s laws govern the policy.
In most cases, the laws of the state where the accident occurred (in this case Tennessee) will apply, but that’s not always the case. If the lawsuit is filed in South Carolina, for example, courts have historically followed the lex loci contractus rule which applies the laws of the state where the policy was purchased and signed.
Choice of law determinations can be confusing. I would recommend meeting with an attorney in your area to discuss your options. Most initial consultations are free. When you meet with the attorney, be sure to bring along copies of all the relevant insurance policies (if possible). You can find an attorney near you using our free online directory.
Also, keep in mind that even if you can’t stack coverage, you can file a personal injury lawsuit against the at-fault party for any damages that exceed the policy limits.
I’m sorry this happened to you.
You ALWAYS have the right to fire your attorney and hire a different attorney.
When an insurance company deems a vehicle a “total loss,” an adjuster for the company estimates what a reasonable cash offer for the vehicle would have been immediately before the accident took place. The insurance company then retains an independent adjuster to appraise the vehicle. The offer the insurance company makes to you generally falls somewhere between these two estimates.
It’s common for people to be frustrated by the amount their insurance company offers for a totaled vehicle. This is because the insurance company’s offer takes into consideration things like wear and tear.
You can attempt to negotiate with your insurance company, but, realistically, hiring an attorney probably won’t help improve your offer in this situation—especially when you take into account the amount of money you’ll have to pay the attorney to represent you.
I’m sorry you’re in this situation. Generally, a district attorney only prosecutes criminal cases — they don’t handle civil or family court matters as part of their role as the DA. It’s possible that this person is acting as a family lawyer in a private capacity outside her function as the district attorney, though that would seem unethical and inappropriate.
Each defendant is entitled to a lawyer assigned by the state for a criminal proceeding. Under Texas law, you’re not entitled to a family lawyer to represent you for a divorce or financial issues — you need to find one on your own if you need one. There is more information about that on TexasLawHelp.org.
However, it sounds to me as though you would benefit from having both a criminal lawyer to defend you in your criminal proceedings and a family lawyer to help with the divorce and financial issues like the stimulus funds and tax considerations. Your criminal defender likely isn’t well-versed in handling family tax or financial issues, and it would be better for you to find an attorney who specializes in those areas of law. Without knowing the specifics, I can’t say what you should do at this point, except that you should find a lawyer who can represent your interests.
Best of luck — I hope everything works out for you.
My question is this: They have put me through a lot of trouble. Can I recover some penance for what I’ve been through with this goofy bunch?
I’m sorry this happened to you.
The fact that the attorney didn’t verify that he was suing the correct person, particularly after being informed of his initial mistake, strikes me as very irresponsible. That being said, you probably can’t recover any damages in this situation. The situation you described doesn’t rise to the level of harassment or even a frivolous lawsuit.
You might consider filing a grievance against the attorney with the Texas Bar Association. The Texas Bar Association will investigate the complaint and discipline the attorney if appropriate.
Under Utah Rule of Civil Procedure 5, all motions filed with the court must be served upon all parties. This can be done by serving the party’s lawyer or, if the party does not have a lawyer, by any of the methods listed in Utah Rule of Civil Procedure 5(b)(3), which include email, mail, hand delivery, and others.
If a motion is not properly served, the judge will not grant the motion.
A retainer is an amount of money paid upfront to secure the services of an attorney. The most common type of retainer is a “retaining fee.” A retaining fee must be deposited into a trust account to draw from as work is completed. If there’s money left in the trust account when the attorney-client relationship is terminated, the attorney must return the leftover money within a reasonable amount of time.
Without reviewing your attorney-client agreement or knowing more about your case, I can’t tell you why it’s taking so long for you to get your retainer back. I would recommend contacting your attorney (send a letter via certified mail with return receipt requested so you have proof of delivery). If you can’t resolve the issue, contact the Pennsylvania State Bar Office of Chief Disciplinary Counsel.
It is illegal to distill “spirituous liquors” for personal consumption in Colorado without a license (see Colorado Revised Statute § 44-3-101 et al.). Spirituous liquors are defined as:
“Any alcohol beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin, powdered alcohol, and every liquid or solid, patented or not, containing at least one-half of one percent alcohol by volume and which is fit for use for beverage purposes.”
Home-distilling spirituous liquors for personal consumption without a license is considered a Class 2 Petty Offense, carrying a $250 fine for each offense.
You can learn more about obtaining a license here.
Your husband’s lawyer has an ethical responsibility to respond to your husband in a timely manner. If the attorney was privately retained, your husband has the right to fire his attorney for lack of responsiveness and hire a new attorney. If your husband’s attorney is a public defender, your husband will need to request permission from the judge and provide evidence that his attorney hasn’t responded to him in a year.
What’s more, your husband can file an ethical complaint against his attorney. The Tennessee State Bar will investigate the complaint.
I’m so sorry that you are going through all of this.
First and foremost, I would recommend filing a police report so this man can be charged for his crimes. Once the police are involved, you can reach out to a personal injury lawyer so that you can file a civil lawsuit to recover damages for the injuries he caused.
Here are a few other resources I would recommend contacting for assistance:
I’m sorry you went through this experience. I would recommend contacting your local Georgia Legal Aid. The office may be able to help you with any legal issues and, if not, they can refer you to someone who can help.
Additionally, if you’re experiencing mental health issues, you should consider contacting the Georgia Crisis & Access Line (GCAL) at 1-800-715-4225 (available 24/7) for access to services and immediate crisis help.
Missouri Rule of Professional Conduct 4.2 prohibits an attorney from communicating with a represented party about the case unless the lawyer has the consent of the other party’s lawyer or is authorized to do so by law or court order.
If you believe your lawyer has behaved unethically or unprofessionally, you can file a complaint with the Office of the Chief Disciplinary Counsel of the Supreme Court of Missouri. That office will investigate the complaint. If the charges are proven true, the lawyer will face a range of disciplinary actions depending on the nature of their behavior.
I’m sorry you’re having problems with your lawyer.
You always have the right to terminate your relationship with your attorney and hire a different attorney. Read more about how to fire an attorney and protect your legal rights here.
Additionally, you should consider filing a complaint with the Nevada State Bar. The Nevada State Bar can investigate complaints of professional misconduct filed against an attorney. If those allegations are substantiated, formal disciplinary proceedings can be initiated. You can find more information about filing a complaint with the Nevada State Bar here.
I’m sorry you’re having such a difficult time.
It sounds like there are a number of landlord-tenant issues you’re dealing with. Here are a couple of things to keep in mind with respect to tenant rights in Colorado:
- A tenant has the right to a residential property that’s fit for human habitation. In other words, a tenant has the right to be free from conditions that interfere with the tenant’s health or safety. (CRS 38-12-503)
- A tenant has the right to be free from discrimination and harassment. (CRS 38-12-509)
If your landlord violates these (or any other tenant rights), you may have grounds for a constructive eviction. In other words, you may be able to lawfully break your lease if the issue is not resolved after providing written notice to your landlord.
Before breaking your lease (or taking any other action against your landlord), it’s important to talk to a landlord-tenant attorney in your area. If you think you qualify for free or reduced-cost legal help, you can contact Colorado Housing Connects or one of Colorado’s legal aid organizations.
In North Carolina, the process for “renewing” a judgment is different than in most other states.
To renew a judgment in North Carolina, the creditor must file a second lawsuit for the remaining amount owed on the original judgment. The debtor must be served with a complaint, summons, and affidavit.
If the debtor is not served, the judgment won’t be renewed. However, there are a number of fairly simple ways to serve a debtor when the creditor doesn’t know where the debtor lives or is having trouble serving the debtor personally. For example, the creditor can simply publish notice of the lawsuit in a newspaper located in the county where the debtor last resided.
I suspect your creditor is in the process of completing service by publication (notice generally has to run in the newspaper for several weeks). Once your creditor has completed this process, they can once again obtain a 10-year judgment on the basis of your unresponsiveness.
If you would like to resolve this issue, I would suggest contesting the renewal (i.e., responding to the complaint) or contacting the creditor and working out a payment plan.
I’m sorry you’re having a difficult time with your attorney.
There are many valid reasons why an attorney may continue a case. Continuing a case is especially common among public defenders who have many clients and often need more time to gather evidence to support their clients. What’s more, sometimes the prosecuting attorney asks for the continuance and the defense attorney simply agrees to the continuance.
Your attorney does, however, have an ethical responsibility to respond to you in a timely manner. If your attorney was privately retained, you have the right to fire your attorney for lack of responsiveness and hire a new attorney. If your attorney is a public defender, you’ll need to request permission from the judge and provide evidence that your attorney hasn’t responded to you in months.
I don’t want to represent myself as a pro se litigant if I don’t have to, but if I do I would like guidance in creating the answer to the summons I received. I am not familiar with PACER or CM/ECF and don’t have time to learn it.
The Federal Bar Association has developed an informational handbook for self-represented (pro se) litigants that is available here. The handbook contains general information that may be helpful, but not all parts are applicable to the Northern District of Georgia.
You can visit the Northern District of Georgia’s webpage for pro se guidance here. In general, the clerk’s office staff can provide procedural information, including helping you use PACER.
Depending on your financial situation and the nature of your lawsuit, you may be able to receive free legal help through legal aid.
In the meantime, I would consider looking through our Georgia personal injury pages, which may help you understand your lawsuit and formulate a response.
I’m sorry that you are going through this difficult time.
Several states recognize an “alienation of affection” claim, which allows you to sue the third party who interfered with your relationship. Unfortunately, Texas is not one of the states that recognizes this claim.
You may be able to sue your spouse for the intentional infliction of emotional distress (see Twyman v. Twyman) if you can prove that:
- Your husband acted intentionally or recklessly,
- Your husband’s conduct was extreme and outrageous,
- Your husband’s actions caused you emotional distress, and
- The resulting emotional distress was severe.
Unfortunately, most courts in the United States don’t consider an affair “extreme and outrageous” enough to award damages. So far, no court in Texas has awarded damages on the basis of an affair. Nevertheless, if you want to talk to a lawyer about the specific facts of your case, most initial consultations are free.
The attorneys at Enjuris practice civil (not criminal) law. You will need to speak to a criminal attorney to get advice with respect to your question on whether you will be arrested for sexting.
In the meantime, you can read Virginia Code §18.2-374.3, which addresses the crime of sexting with a minor.
The minor’s father would have to file a civil lawsuit (on behalf of the minor) against you in order to recover $4,800 in damages. There is no guarantee that a court would award civil damages in this case. In fact, most sexting cases in the United States have not resulted in civil damages being awarded.
In other words, I would strongly advise you not to pay the father any money unless you are ordered by a court to do so (especially given that this may be a scam). If you would like, you can find an attorney near you to talk about the damages issue further using our free online directory.
I’m sorry you’re dealing with this and that you were injured.
It sounds as though what you’re asking is how to defend against the violations with which you’ve been charged. My suggestion would be to find a lawyer to advise.
Without all the facts, I can’t suggest what you should do because I don’t know the exact charges or what evidence they’re based on. Even if these are not criminal charges (rather civil violations), you can call a criminal defense lawyer who’s familiar with your local court system and who can advise you on the charges and review the evidence. It’s possible that if the statements are “second-hand” as you say, they could be inadmissible in court as hearsay, but that’s something your lawyer will need to determine.
Best of luck and I hope it all works out for you.
Judges have a right to make a decision immediately or take a case “under advisement” and issue a decision at a later date. The Georgia Code requires judges to make decisions within a certain period of time (generally 30 or 90 days depending on the population of the county where the court is located). I can’t find a similar law for magistrate judges under the Uniform Rules of the Magistrate Court. This isn’t unusual, as these cases tend to be less formal.
Two months is likely nearing the end of a time period that would be deemed reasonable. With that being said, many courts are currently backed up due to the COVID-19 pandemic. I would continue to reach out to your attorneys. If you’re having problems with your attorneys, you can contact the Georgia State Bar Client Assistance Program.
Social Services took my children and then the social worker lied and told me not to go to court because it didn’t involve me. I received a letter a few weeks later stating that numerous attempts were made to find me and I didn’t show up. I kept asking my attorney how they were allowed to take my kids without even talking to me. I should have been allowed in court at the time but I didn’t know what was going on.
I eventually threatened to contact the news media, and then the lawyer told me it was too late to do anything about it at that point. She has also been involved with conversations with the social worker which I thought she wasn’t allowed to do unless I was there or gave her permission. I’ve left 3 messages with her the past 2 weeks and no calls were returned. She entered a plea in court without even consulting me. She made a decision in my case without even asking me how I wanted to proceed. I had an open case against the social worker. She made a decision without even looking my way. I have been beside myself since. I need help.
I am so sorry you’re going through all of this. It may be that there’s some sort of breakdown in the system if you’re not permitted to have any type of involvement in proceedings related to your children’s care and custody. If you feel that your lawyer hasn’t been handling your case adequately, you can look for another lawyer.
Be sure that whomever you choose is experienced in family law and handling cases involving Social Services. Your lawyer does have a responsibility to communicate with you about updates to your case and to make sure that all court appearances are made and documents filed on time. It sounds as though there might also be a criminal proceeding if you entered into a plea agreement, so make sure that you have the correct type of lawyer (or multiple lawyers if necessary) for the types of cases that are pending.
If you need assistance or an advocate, you can contact Ohio Legal Help for additional resources.
Best of luck. I hope that the situation resolves swiftly.
A lawyer is responsible for explaining:
- The reasoning (strengths and weaknesses) of the case
- The probable outcome of a trial
- The terms of the plea bargain offer
- Possible sentences
A lawyer certainly should be providing all of the information necessary for the client to make a reasonable decision based on the likelihood of a variety of outcomes for their case, including any changes that might arise over time.
I’m sorry you’re going through this.
Louisiana law permits a lawyer to withdraw from a case if the client is unable to pay the lawyer. However, Louisiana Rule of Professional Conduct 1.16(b)(5) requires that the lawyer provide “reasonable warning” before withdrawing. In other words, your lawyer was required to provide you with sufficient notice prior to the motion hearing to permit you to find another attorney.
Regardless, it sounds like you and your lawyer have mutually agreed to terminate the relationship. If you’re having trouble locating an attorney who you can afford, I would recommend using the “Modest Means Directory” or the “Legal Aid Directory” on the Louisiana State Bar homepage to find a lawyer who can provide free and reduced-cost legal help. You can find links to these directories here.
It’s always good to have photographs of your injuries as close to the date that the injuries were sustained as possible. In most cases, people aren’t able to take photographs of serious injuries while they are being sustained. In your case, having witnesses and time-stamped photographs of your injuries should certainly help your claim.
You can learn more about how to take accident scene photographs here.
If you think you’re ready to meet with an attorney, you can locate one near you using our free online directory.
California passed a law in 2017 that protects a consumer from a “surprise” medical bill from an out-of-network ambulance transport under certain circumstances. A patient also has the right to refuse an ambulance ride if they’re competent to do so.
If emergency responders arrived on the scene and provided you medical services, you are likely responsible for those costs. You can check with your insurance company to see what’s covered under your policy.
With respect to your concerns about the possibility of having been drugged, that would be a criminal act and should be handled by law enforcement. The first step would be to have an immediate medical exam with testing to determine if there’s detectable drugs in your body. You’d need to prove the presence of drugs in order to show that a crime took place. If so, you should contact your local law enforcement department to pursue legal action as the victim of a crime.
The term “personal jurisdiction” refers to the power a court has to make a decision regarding the party being sued. A court in Wisconsin has personal jurisdiction over a company if: (1) the company was incorporated in Wisconsin, (2) the company has “substantial and continuous operations” in Wisconsin, or (3) the action giving rise to the claim occurred in Wisconsin. Based on the information you provided, it sounds like the action giving rise to the claim (breaking the sink) occurred in Wisconsin. Additionally, it sounds like the Minnesota company may have “substantial and continuous operations” in Wisconsin. This would be the case if, for example, the Minnesota company routinely completed construction projects in Wisconsin.
Accordingly, based on the information you provided, you can most likely sue the Minnesota company in Wisconsin. Keep in mind that there might be information you haven’t told me that could impact this answer. For example, it’s possible that the construction contract you signed with the Minnesota company includes a clause that limits where you can file a lawsuit (this would not be uncommon). “
- The company was incorporated in Wisconsin,
- The company has “substantial and continuous operations” in Wisconsin, or
- The action giving rise to the claim occurred in Wisconsin
Based on the information you provided, it sounds like the action giving rise to the claim (breaking the sink) occurred in Wisconsin. Additionally, it sounds like the Minnesota company may have “substantial and continuous operations” in Wisconsin. This would be the case if, for example, the Minnesota company routinely completed construction projects in Wisconsin.
In conclusion, based on the information you provided, you can most likely sue the Minnesota company in Wisconsin. Keep in mind that there might be information I don’t know that could impact this answer. For example, it’s possible that the construction contract you signed with the Minnesota company has a clause that limits where you can file a lawsuit.
Lastly, the insurer’s definition of “member of the same household” doesn’t apply to me because I am only living at the house because of the COVID-19 lockdown. I am not a part of the household.
Anyways, I suffered 3 broken ribs, and needed to go to PT 2x a week for 8 weeks. I had pain and discomfort all that time.
So do you think I can win in court if I file a claim?
Generally speaking, the personal liability section of a homeowners insurance policy covers people who are injured in the home except for members of the household.
Every insurance policy defines the term “household” differently. For example, some policies define household to include family members living in the house full-time, whereas other policies include family members living in the house part-time or even living completely outside the home. Similarly, some policies only consider spouses and children of the named insured to be members of a household, whereas other policies extend to distant relatives.
The bottom line is that your chances in court depend on the specific language of the homeowners insurance policy (regardless of whether you signed the policy or not) and the court’s interpretation of that language. Without reviewing the policy, I can’t answer your question. Accordingly, I would recommend meeting with an attorney in your area to review the policy.
Keep in mind that, even if you can’t file an insurance claim, you may be able to sue the at-fault party for damages.
A client can generally fire an attorney for any reason. The exceptions are rare and generally include situations when a trial is pending.
Your attorney can legally recommend that you accept a settlement. However, your attorney can’t force you to accept a settlement. Specifically, Rule 1.2 of the Mississippi Rules of Professional Conduct states that a lawyer shall abide by a clients decision whether to accept an offer of settlement and must consult with the client before accepting or rejecting a settlement offer.
In your case, it sounds like the settlement offer has not yet been signed. Consequently, you are within your rights to refuse to sign the settlement and to terminate your relationship with your attorney.
Under California Rule of Professional Conduct 3-700(D)(2), an attorney is prohibited from keeping an unearned fee. Rather, upon termination, an attorney must promptly refund any part of a fee paid in advance that has not been earned.
This begs the question: Did your attorney earn the $500 that you paid him?
It’s impossible for me to know the answer to this question without knowing the work your attorney has done on your case.
However, California law requires attorneys to provide their clients with an accounting that explains any charges made against an advanced payment. Accordingly, I would recommend asking your attorney for an accounting. If you’re not satisfied by the accounting, you should request that your attorney return your $500 deposit.
In the vast majority of cases, you are free to terminate the attorney-client relationship and proceed with the probate on your own. To do so, you need to have your lawyer file a motion to withdraw with the court.
Oregon Revised Statute 115.305 provides that “all causes of action or suit by one person against another survive to the personal representative of the former and against the personal representative of the latter.”
In other words, the personal representative of your brother’s estate can continue the lawsuit to its conclusion. Any money awarded would go to your brother’s estate and would be distributed according to his will. To continue the lawsuit or enforce the settlement, the personal representative simply needs to file a motion with the court (or have a lawyer file the motion).
Generally speaking, there is no duty to render aid. However, the Michigan Supreme Court recognized a duty to render aid when there is a special relationship between the parties. One such special relationship is the “employer-employee” relationship. When a special relationship exists, the parties are required to render “reasonable care under the circumstances.”
In other words, your husband’s employer had a legal duty to render “reasonable care” to your husband. If your husband’s employer failed to call 9-1-1 after learning that your husband had a heart attack, then they likely breached their legal duty to render reasonable care and could be held liable for any resulting harm.
I would recommend scheduling an initial consultation with a Michigan personal injury attorney to discuss your legal options.
I’m so sorry this happened to you.
In California, there is no legal duty to assist someone who has been injured unless there is a “special relationship” between the parties. The law recognizes several special relationships, including that of a parent-child and physician-patient.
Unfortunately, the law does not recognize the relationship between a store owner and a customer as a “special relationship.” In other words, you probably can’t successfully sue the business owner for your injuries.
There is, however, a single California Court of Appeals case that held a business owner liable for interfering with a Good Samaritan’s attempt to use the business’s telephone to call an ambulance to help a victim who had been shot. Though the facts of the case are slightly different than your situation, a lawyer may be able to use the case to argue that the business owners in your situation should be held liable.
I would recommend meeting with a California attorney. The attorney can review your case in detail and help you decide whether to proceed with a lawsuit.
I am so sorry that you and your dog have endured this drama. It sounds like you’re asking to be reimbursed for costs related to the dog attack.
First, it’s important to report the attack to your local animal control department. If animal control determines that the dog is dangerous, there are certain restrictions that will be imposed in order to prevent the dog from injuring another animal or person.
Second, California’s strict liability law for dog bites requires that a pet owner is usually liable for a dog bite injury. However, a defendant might argue that it’s unreasonable to pay for costs associated with travel to an out-of-area veterinarian if there are veterinary services nearby. In general, a lawsuit can claim damages for the costs associated with an injury or loss, but you can’t usually go above and beyond reasonable costs. If you had to take time off from work because of the distance you traveled for the vet, but you wouldn’t have done so if you went to a vet in your one city, it might be difficult to recover those costs.
Finally, California offers small claims court for claims less than $10,000. This might be the best option if you’re interested in recovering those costs. Be sure to bring receipts for all of your related expenses when you appear in court. Best of luck and I hope your dog has a swift recovery.
It’s now a little over 2 years later and it has not progressed. At all. The company broke their own by-laws and have yet to fix it. My mother willed the shares, even though legally she had no right to do so. It was also against the company bylaws. It’s not much money to the lawyers, but for those of us that should rightfully be receiving the shares, it is. It’s what they will be paid to do.
I’m sorry you’re having so much difficulty. It’s definitely important to continue to follow up on your cases because court filing deadlines and other time restrictions could be significant to your outcome. That said, there’s nothing to stop you from finding a new lawyer. You don’t need to cut ties with one in order to pursue another — you can find a new lawyer and ask that person to pursue getting your file or documents from the previous lawyer. If the lawyers with whom you’re working are unresponsive, that might be the best course of action.
It doesn’t matter how much money is at stake; the lawyer’s job is to represent your legal interests to the best of their ability. If you don’t think that’s happening and you aren’t receiving communications, you should consider finding another lawyer. Best of luck.
With respect to what should or should not be discussed before a preliminary hearing, I’m not able to comment on the specifics of your son’s criminal case without more information.
As for the lawyer calling you delusional, lawyers have certain ethical obligations in California. For example, a lawyer must deal honestly with others. Keep in mind, however, that the lawyer’s main obligation is to their client (your son) and not you—even if you paid for the attorney and are allowed to discuss the case freely with the attorney.
Thank you for your question. I don’t have enough information about your case to know whether you need to hire a dependency attorney or whether these issues can be resolved by working with your child’s social worker. With that being said, it never hurts to meet with an attorney (especially if you are concerned for your child’s safety). Most initial consultations are free and the initial consultation can help clarify whether the attorney can be helpful or not.
If you need help finding an attorney, you can locate one using the Colorado State Bar Association search feature. If you think you may qualify for free or reduced-cost legal help, you can contact Colorado Legal Services.
I’m sorry you’re having trouble with your attorney.
Without reviewing your file and the attorney-client agreement, it’s impossible for me to know whether your attorney owes you money. With that being said, there are 2 things you can do to hopefully resolve this issue:
- You can contact the Tennessee Board of Professional Responsibility Consumer Assistance Program (CAP) at 1-800-486-5714 or through their website. CAP helps consumers who are having trouble with their attorneys. CAP will review your case and send the attorney a formal demand letter, help mediate the dispute, or refer your case to the Disciplinary Counsel.
- You can meet with another attorney to discuss your contract dispute. If you need help finding an attorney, you can use our free online directory. Most initial consultations are free.
Thank you for your question.
Arbitration is just 1 tool used to settle a dispute. Arbitration is generally quicker and cheaper than going to trial. However, just because 1 party refuses to participate in arbitration, doesn’t mean the case is necessarily going to trial. The dispute can still be resolved through mediation or through informal discussions between the parties.
Generally speaking, insurance companies like to settle cases and avoid trials, as trials are costly regardless of who wins. An attorney can help you negotiate with an insurance company and, if necessary, represent you in trial. You can use our free online directory to locate an attorney in your area.
I’m sorry you are going through this difficult time.
Generally speaking, court reporters have an obligation to type every word that is said in court unless both parties agree to go off the record. Next time an incident like you described occurs, make clear that you don’t want to go off the record.
You might also consider contacting the Massachusetts State Bar Lawyer Referral Service to see if you qualify for free legal assistance.
Can I sue?
To date, thousands of lawsuits have been filed against the drug manufacturers of Abilify. The lawsuits allege that the drug manufacturers failed to provide adequate warning to Abilify users concerning the drug’s serious side effects, which include uncontrollable urges to gamble. Although many of these lawsuits have settled, there is still time to file a lawsuit.
If you believe Abilify is causing you to experience health issues or side effects, please see your health care professional. Once you have done that, consider reaching out to a personal injury attorney. You can find an attorney in your area using our free online directory.
In the meantime, read more about Abilify lawsuits here.
The transient occupancy tax (sometimes called a “bed tax”) is a tax charged to transient guests in hotels and motels. California law requires owners to charge the transient occupancy tax. Because owners are required to charge the tax, I’m afraid you can’t sue the owner for doing so.
I’m so sorry this happened to your daughter.
Depending on the specific circumstances, you may be able to sue both the perpetrator and the employer for damages. Practically speaking, a lawyer would probably file a lawsuit against the perpetrator and attempt to negotiate a settlement with the employer’s insurance company.
I would recommend meeting with a personal injury attorney in your area. Most initial consultations are free. You can find an attorney using our free online directory. If you think you may qualify for free legal help, you can contact the State Bar of Texas Lawyer Referral Information Service.
Finally, the Rape, Abuse and Incest National Network (RAINN) is the nation’s largest anti-sexual assault organization. RAINN operates the National Sexual Assault Hotline and carries out programs to prevent sexual assault, help victims, and ensure that rapists are brought to justice. Call them toll-free at (800) 656-HOPE (4673).
I’m sorry this happened to you.
If you can prove that your landlord intentionally made your dog sick, you can sue them for damages (for example, veterinary expenses). You can learn more about lawsuits based on intentional torts here.
Additionally, if you believe your landlord is intentionally poisoning your dog, I would recommend contacting your local police department and reporting the incident. Your landlord may be held criminally responsible under California Penal Code 597.
I’m sorry this is happening to you.
Generally speaking, a non-refundable deposit only protects the seller if the buyer fails to complete the sale. A non-refundable deposit isn’t valid if the seller fails to complete the sale.
Because the amount at issue is only $650, it probably doesn’t make financial sense to get a lawyer involved. Your best option is to work out an agreement with the seller. If this doesn’t work, I would recommend taking the seller to small claims court. In Alaska, you can file a claim in small claims court so long as the amount you’re seeking is less than $10,000.
The courts in Alaska publish a helpful small claims handbook to help you through this process.
This sounds like an issue that needs to be resolved in Family Court. Your ex-husband might have an award of “exclusive possession,” which doesn’t automatically grant him rights to all of the contents of the home permanently, but it can bar you from entering the home during ongoing divorce proceedings. The difficult part of recovering costs or items that have been sold is proving that you were entitled to them in the first place. If you have a family court lawyer, you should consult them for guidance.
If you don’t have a family lawyer, you might have a court-appointed guardian who oversees your children’s interests if you’ve been involved in any custody proceedings. That person might be able to provide advice or refer you to someone who can help, since this matter also affects the children.
I’m so sorry that this happened to you.
To hold the family care home liable for your dog’s death, you need to prove that the family care home was negligent.
In New York, the plaintiff (you) must prove the following elements to establish negligence:
- The defendant (the family care home) owed a duty to your dog,
- The defendant breached the duty, and
- The breach was the cause of your dog’s death.
Proving negligence in this case will be very challenging. In general, businesses have a legal duty to keep others on their property safe from dangerous conditions. The open dumpster might be considered a dangerous condition. What’s more, many towns have local ordinances that require businesses to take certain steps with respect to the cleanliness surrounding their premises.
However, even if the open dumpster is considered a dangerous condition, businesses aren’t liable for any injury caused by the dangerous condition. Rather, the injury must be reasonably foreseeable. In this case, a court is unlikely to find that the death of your dog was a reasonably foreseeable result of leaving a dumpster unlocked. However, this might change if there are additional facts (for example, if bears had removed trash from the dumpsters previously).
To answer your question: Yes, you can sue the family care home for your dog’s death. However, in order to win you’ll have to establish negligence, and it’s far from a sure thing. Your best bet is to consult with a premises liability attorney in your area.
Due process requires that you provide the defendant with notice of your lawsuit. This is done by serving the defendant with a complaint and summons.
The law provides several methods for properly serving a defendant. The most common method is to serve the defendant personally by handing the defendant a copy of the complaint and summons (or, by having a process server hand the defendant a copy of the complaint and summons). However, appropriate methods of service depend on the nature of the defendant and the state in which youre suing the defendant.
Keep in mind that if you don’t properly serve the defendant, the defendant can have your case dismissed. For this reason, its a good idea to meet with an attorney before attempting to serve the defendant.
Also, when we first started renting he told us he would use the backyard to park 2-3 cars, but now he has 2 trucks, a car, a trailer, and a machine. I told him that he only said 2-3 cars and he was very upset because he says its his house and he can put whatever he likes in the backyard and if we don’t like it we have a month to move out. Not only that, he also said that we are renting the house (not the backyard), and that we don’t use it so he can put as many cars as he wants back there.
I’m just so irritated with this landlord. I feel like hes playing dirty and not doing things right and I just want to know if I can sue him because it’s not fair.
It sounds like you entered into an oral lease agreement with your landlord. It sounds like the terms of that agreement are that you will rent the house month-to-month in accordance with the terms of the prior written lease agreement (i.e., $1,000 per month). Your landlord is now attempting to increase the rent payment.
First, when it comes to month-to-month leases in Texas, your landlord is allowed to raise your rent any time he wants so long as he gives you 30 days notice.
As for the vehicle issues, your rights depend on the language in the agreement. If the agreement says something about how the back is to be used, then that language controls. On the other hand, if the agreement simply says that the back is included as part of your rental, then you have a right to keep it free of your landlords possessions.
I lost my job in March of 2019 because my internet issues were not fixed in the time allotted per my supervisor’s email. As a result, I was fired. I have emails, recordings, and pictures of my cable wire that has been exposed since January, yet Xfinity/Comcast is still in the process of working to fix the issue. I have never missed paying this company despite their awful service. I feel that enough is enough, and Comcast/Xfinity should reimburse me for their incompetence!
When you signed up for your internet service, you entered into a written contract with your internet provider (Xfinity/Comcast). Whether or not you have a legitimate claim against the internet provider depends on whether the internet provider breached the terms of the contract.
Without reviewing the contract, it’s impossible for me to tell whether or not your provider breached the contract. Some contracts state that internet providers will reimburse users for outages, whereas other contracts don’t provide for reimbursements so long as the issues are resolved in a reasonable amount of time.
Keep in mind that pursuing a legal claim against an internet provider is an uphill battle considering the resources the internet provider has to fight your claim. Nevertheless, if you wish to file a claim, I would recommend meeting with an attorney in your area so the attorney can review the contract.
I went to a Walmart auto center and asked them if they could look at my brakes. They looked at my car and said it was caused by the safety guard underneath coming apart and grinding on the pavement. Since the guard is a mixture of metal and plastic, they said it would cause a loud sound but the brakes are fine. They said it was nothing to worry about. I asked if it would cause damage to my brakes or damage the car at all and they said no.
I took their word for it and proceeded to go home. When I got to Texas, the brake pad on my passenger side fell out as I was backing out of the driveway. My rotor on the passenger side and calipers on the front end were completely shot. I probably spent over $600 on something that could have been a simple fix if they actually did their job. I could have hurt myself or someone else because the brakes ended up going out causing me to throw my emergency break on. I was told it was crazy that any of my brakes worked given that my brake hose on the driver side was leaking.
I don’t have an invoice showing that I went to the Walmart in New Mexico, but I have witnesses and they do have cameras. Plus, I remember who looked at my car and I have my mechanic who is willing to speak. Do I have a case?
I’m sorry you were in that situation. Unfortunately, you likely dont have grounds for a lawsuit because the possibility of an injury happening doesn’t give rise to a claim – you can only make a valid claim if an injury actually happened. The basis for a personal injury lawsuit is to be compensated for your losses related to the injury, and you’d need to prove that the injury happened and was caused by someone else’s negligence.
In this instance, it’s possible that the mechanic was negligent, but it doesn’t sound like an injury occurred (financial or physical). Unfortunately, any financial loss that might be related to the work performed on your car will be hard to prove without an invoice. The business should maintain records, but without filing a lawsuit, it might be hard to compel them to give it to you.
If you believe that you’ve suffered a financial loss because the mechanic caused damage to your car, you might either return to the same mechanic and request that they fix it, request that they pay for additional work on your car by another mechanic, or seek to be reimbursed by a small claims court action.
In California, a gift becomes the legal property of the person who receives the gift. At that point, the person who receives the gift is free to do with the gift whatever they please.
Consequently, the person who gave you the Xbox can’t sue you for deciding to sell the Xbox. The only way this person would have a viable claim is if they did not intend to give you the Xbox as a gift but instead, for example, only intended to loan you the Xbox.
Thank you for your question. I’m very sorry this is happening to you.
It sounds like you were experiencing workplace harassment for a period of time. During this period of time, your employer likely had a legal duty to take certain steps to keep you safe. However, now that the harassment is occurring solely outside of work, it is your responsibility to take action.
I would recommend asking the court for a protective order. A protective order is an order issued by the court that prohibits a person from doing something (such as harassing you, communicating with you, or even living near you).
In Ohio, you can get the forms you need to apply for a protective order from the clerk at your local court. After you complete the forms and return them to the clerk, the clerk will give the forms to the judge who will decide whether to issue a temporary order. If the judge decides to issue a temporary order, the clerk will work with the local police to serve the harasser with the order.
If you need legal help accomplishing these steps, consider hiring an attorney or reaching out to your local legal aid office.
It sounds like your funds are being held while PayPal resolves the identity theft issues. Federal law provides some limitations on holding periods, but generally these holding periods are set by PayPal and stated in PayPal’s user agreement.
I would recommend contacting PayPal to see what information you can provide in order to prove your identity. If this does not work, I would recommend reaching out to a free or reduced-cost attorney to help with your legal issue. You can find one here:
In addition, you might want to reach out to one of the many help hotlines that the United States Department of Housing runs to help homeless individuals in North Carolina.
I’m sorry that you’re having this experience. First, cannabis remains illegal in Utah for purposes other than medical cannabis for patients with qualifying conditions. Second, you are entitled to live in your home without health risks or other hazards.
You mentioned that you’ve complained about this problem, but it’s not clear if you’ve complained directly to the neighbors or to your management. You should make a written complaint to the apartment management and make subsequent complaints if they’re not acknowledged or handled. It’s the apartment management’s responsibility to ensure a safe and healthy living environment.
The other step you could take is to call local law enforcement when you smell marijuana (if you’re certain that’s what you smell) since it’s illegal where you live.
If your landlord or management refuses to take action, you’ll need to contact a landlord/tenant lawyer or use some type of resource like the Utah Tenant Hotline (801-359-2444).
It’s hard to provide specifics without knowing the details of your lawsuit. Generally speaking, to start a lawsuit you need to:
- File a complaint with the proper court and pay the associated filing fee, and
- Serve the defendant with a copy of the complaint and summons.
A complaint sets forth the facts of your case, the defendant’s liability, and how much money you’re demanding. A summons is simply a document that notifies the defendant that they’re being sued.
Once the defendant receives a copy of the complaint, they will have a chance to respond. The court will then issue a scheduling order setting forth the next steps and deadlines.
If you purchased the vehicle (i.e., your name is on the purchase and sale agreement), then the vehicle belongs to you and your ex-boyfriend does not have any rights to the vehicle. If your ex-boyfriend is refusing to return the vehicle that belongs to you, you should (a) file a stolen vehicle report with the police, and (b) tell your insurance company about the situation.
If the police are unable to recover the vehicle, you can file a “replevin” lawsuit to determine the rightful owner of the vehicle. To do so, you can use our free online directory to locate an attorney.
I’m so sorry this happened to you.
Landlords have some degree of responsibility to protect tenants from criminal acts. Whether or not you can successfully sue your landlord depends on whether your landlord knew or should have known that your neighbor was likely to attack you.
For example, if your landlord received prior complaints about your neighbor’s propensity for violence (perhaps he has attacked other tenants) and failed to take any action (such as starting the eviction process or warning other tenants), then you can likely sue your landlord for damages.
On the other hand, if your landlord had no reason to suspect that your neighbor would attack you, you probably can’t hold your landlord liable.
If you want to talk to a personal injury attorney near you, consider using our free online directory. Most initial consultations are free.
I’m so sorry this happened to your grandson.
It’s always a good idea to have legal representation in a situation like this. If you can’t afford an attorney, the Minnesota State Bar provides some links to free or reduced-cost legal services.
If you choose to meet with the woman’s attorney unrepresented, I would strongly recommend NOT saying ANYTHING during the meeting. Instead, allow the attorney to talk and, if the attorney asks you a question or makes an offer, tell them that you need to talk to your attorney first and that you’ll get back to them.
Finally, don’t agree to let the attorney record the meeting.
Your boyfriend has a right to file a lawsuit against you. However, if the money was given as a gift, he doesn’t have a right to repayment and the court will dismiss the lawsuit.
In order to get the money back, your boyfriend will need to prove that you entered into a contract. This means that he’ll have to prove that both of you intended to enter into a contract and that you gave him something in exchange for the money. Based on what you told me, it doesn’t look like your boyfriend can prove any of these things.
I’m sorry this happened to you.
Whether or not you owe your ex-husband $15,000 has nothing to do with your husband’s criminal record. I don’t know the circumstances surrounding the claim for $15,000, but if you don’t believe he is owed the money then you have the right to prove your case in court.
You may want to hire an attorney to help you do so. You can use our free online directory to locate an attorney near you. If you can’t afford an attorney, you can contact the HelpLine, a service provided by the Center for Arkansas Legal Services and Legal Aid of Arkansas.