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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 15 of lawyers' answers to legal questions.

Is she eligible for proper compensation?

Answered 8 months ago by attorney Matthew P. Rosenberg   |   1 Answer   |  Legal Topics: Personal Injury
I’m so sorry your wife is still living with this pain. Unfortunately, the legal door closed a while ago. In Ohio, the two-year deadline for injury lawsuits ran out when she reached adulthood, and the release her parents signed would block any new claim. Even so, she isn’t without help. If her pain keeps her from working, a disability lawyer can guide her through applying for SSDI or SSI, and her doctor can refer her to a pain clinic. I know this doesn’t feel like the justice she deserved, but it can bring real financial relief and better day-to-day care. ... Read More
I’m so sorry your wife is still living with this pain. Unfortunately, the legal door closed a while ago. In Ohio, the two-year deadline for... Read More

Do I have a case

Answered 8 months ago by attorney Thomas Weiss   |   1 Answer
Good morning, I do not have enough information to answer your question. Where in NY are you located? Who made the accusation?  Is there any open investigation against you?  If so, by whom?  Have there been any findings?
Good morning, I do not have enough information to answer your question. Where in NY are you located? Who made the accusation?  Is there any open... Read More
You need to retain an employment lawyer to file suit. If your case is good then some attorneys will take your case on contingency fee which means you pay nothing unless you win. Are the facts of the case strong in your favor? 
You need to retain an employment lawyer to file suit. If your case is good then some attorneys will take your case on contingency fee which means you... Read More
You may have a workers comp claim, but if you were just an independent contractor for a project on a home, then you may not. It depends on its unique facts. Secondly, you also may have a claim against the homeowner for negligence, if the ladder was defective in someway, or there was something about your accident that was caused by the homeowners carelessness. But even then, his homeowners insurance policy may have exclusions for accidents that happen to people in your situation. You should discuss this case thoroughly with an attorney in your jurisdiction for specific advice.  ... Read More
You may have a workers comp claim, but if you were just an independent contractor for a project on a home, then you may not. It depends on its unique... Read More

Real Estate Reimbursement

Answered 8 months ago by attorney Mr. Ernesto Martinez, Jr.   |   1 Answer   |  Legal Topics: Real Estate
As part of a Partition Action is an accounting of expenses.   In general, a co-owner can be entitled to reimbursement for real estate expenses such as real estate taxes, insurance, mortgage payments and yes, HOA fees. A petition for reimbusement/accounting would have to filed with the Court.  ... Read More
As part of a Partition Action is an accounting of expenses.   In general, a co-owner can be entitled to reimbursement for real estate... Read More
In Florida, the tag agency may transfer the car without a Probate Order. In many cases with the death certificate and a transfer form. Since there is no will, they should go by the California intestate rules. I am sure, you want to avoid the Probate (inheritance court) expense. I am a Florida attorney and not a California attorney, but I would try to transfer the title first with the tag agency/ DMV.    ... Read More
In Florida, the tag agency may transfer the car without a Probate Order. In many cases with the death certificate and a transfer form. Since there is... Read More

Can my ex force me to pay for half of braces without my consent

Answered 8 months ago by attorney Thomas Weiss   |   1 Answer   |  Legal Topics: Child Support
Do you have a written separation/settlement agreement?  If so, the answer would depend on what the agreement says.  If there is no written agreement, you can stand your ground.  
Do you have a written separation/settlement agreement?  If so, the answer would depend on what the agreement says.  If there is no written... Read More

How do I move the divorce process along?

Answered 9 months ago by attorney Kathy Williams Richardson   |   1 Answer   |  Legal Topics: Divorce
If you are not able to find an attorney who is local and can't afford an out of town attorney, the only other options that I can think of is to represent yourself or see if you are able to find an attorney who is willing to represent you for free.  We do offer advice and assistance at our regular hourly rate without making a general appearance in your case.   You may even hire us to draft documents for you to file in court.  That should be much less expensive than hiring an attorney to handle the case for you.  If you are interested in an initial consultation to discuss this matter, please call us at 919-680-2300.  ... Read More
If you are not able to find an attorney who is local and can't afford an out of town attorney, the only other options that I can think of is to... Read More
Not likely, based on the facts provided.  However you indicate that this was a person as a "recruiter" for the company - so you might be wary of alienating or making enemy of a person that might have influence over your potential as a hiring candidate. 
Not likely, based on the facts provided.  However you indicate that this was a person as a "recruiter" for the company - so you might be wary of... Read More
You need to hire a landlord lawyer to handle these issues before you make a mess and find yourself getting sued. Bear in mind I am "tenant lawyer" not a landlord lawyer so when your enemy warns you about things you might heed the advice. 
You need to hire a landlord lawyer to handle these issues before you make a mess and find yourself getting sued. Bear in mind I am "tenant lawyer"... Read More
This is generally not a legal issue due to ecclesiatical privilege and sepataration of church and state priniciples. This is a "church law" issue to be addressed internally. 
This is generally not a legal issue due to ecclesiatical privilege and sepataration of church and state priniciples. This is a "church law" issue to... Read More

How can i avoid being possibly scammed

Answered 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Business Litigation
No easy answer to this as it is too fact intensive. If you did not buy insurance and did not take pictures on turn in to prevent such claims, you are likely in a difficutl position to defend the claim. You will need to retain a lawyer to address this directly. 
No easy answer to this as it is too fact intensive. If you did not buy insurance and did not take pictures on turn in to prevent such claims, you are... Read More
Your bigger concern is the likelihood that the parents will make claims against or sue you as most every car vs pedestrian incident will be attributed to the vehicle driver, at least as a starting proposition. Your PD damages will need to be addressed with your insurance carrier. 
Your bigger concern is the likelihood that the parents will make claims against or sue you as most every car vs pedestrian incident will be... Read More

Who handles Insurance Denials in Mediation?

Answered 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Any civil trial or insurance litigaiton lawyer can. No one will handle such cases on a contingent fee typically because of the value of the damages and they took away the obligation for the insurance company to pay for the legal fees if they lose. If you're prepared to pay "out of pocket" to hire a lawyer you will have a better chance to retain one. ... Read More
Any civil trial or insurance litigaiton lawyer can. No one will handle such cases on a contingent fee typically because of the value of the damages... Read More
This is sadly what happens when you don't hire lawyers to handle such issues from the start. NOW you have a more expensive and complicated issue to address as it sounds like there is argument for the LL that you "abandoned" the rental unit - if you left the property while behind on rent. Even though Fla. Stat. 83.67 might provide some relief, you wont find many lawyers willing to take such a case on a contingent fee with an in residence landlord renting a room. You might need to contact legal aid to see if they can help. ... Read More
This is sadly what happens when you don't hire lawyers to handle such issues from the start. NOW you have a more expensive and complicated issue to... Read More
This is usually the result of pro-se resolutions without using lawyers. At this point you will need to retain a lawyer to review what the settlement was and what they are currently doing and THEN establish some plan to address this conflict. There are no short-cuts nor "cheap" outs to resolve such issues when there are personal vendettas involved. ... Read More
This is usually the result of pro-se resolutions without using lawyers. At this point you will need to retain a lawyer to review what the settlement... Read More

Immigration hold

Answered 9 months ago by attorney Kathy Williams Richardson   |   1 Answer   |  Legal Topics: Immigration
This is not a Domestic Violence issue, it is an immigration issue.  I have changed the practice area for this question so that hopefully you can get an answer over there from an immigration attorney.  Best of luck.  
This is not a Domestic Violence issue, it is an immigration issue.  I have changed the practice area for this question so that hopefully you can... Read More
That is a big no-no on the part of the attorney.  Attorneys are supposed to perform conflict checks before consulting with potential clients, and if they had, it would have shown that he talked with you about it already.  Representing her on the same or similar matter that you consulted him about is a violation of the Rules of Professional Conduct.  You should talk with your attorney about advising the other attorney that he needs to withdraw from representing your spouse, and if not, them you may want report him to your state bar.   In fact, you may want to report him whether he withdraws or not.  If he is not performing conflict checks before taking on new clients, you might be doing future potential clients a favor by making sure he is re-educated on that requirement.  Talk to your attorney about it.  ... Read More
That is a big no-no on the part of the attorney.  Attorneys are supposed to perform conflict checks before consulting with potential clients,... Read More

I need help with my case

Answered 9 months ago by attorney Kathy Williams Richardson   |   1 Answer   |  Legal Topics: Criminal Law
I'm sorry that you are having to deal with this ongoing problem and that you have recently been charged in connection with it.  That has to be quite frustrating.  Since you didn't ask for any advice, and only asked for help with your case, I would suggest that you contact a specific lawyer to schedule an appointment for an initial consultation to discuss your matter. Most attorneys will offer free consultation if you're charged with a criminal offense and they can help you decide how to proceed with your case and if you decide to hire them, then they can represent you in court. If you would like to schedule an appointment with us, you can give us a call at 919-680-2300.... Read More
I'm sorry that you are having to deal with this ongoing problem and that you have recently been charged in connection with it.  That has to be... Read More
An attorney can probably help you get a copy of your entire payment history but I'm not sure what you mean by "complete copy of your file". Who is maintaining this file that you're talking about. If you're talking about the court file you should be able to get a complete copy of the court file (you'll have to pay the copy costs to the clerk) but if you're talking about child support enforcement's internal file, you are not entitled to a copy of that. You should definitely talk to a local attorney who can help you navigate this situation and get your payments straightened out.  To answer your last question: No, you dont need a lawyer to get a complete copy of your entire file, if you know what to do to get it on your own.  If you don't know how to get it on your own, then, yes, you will need an attorney to help with that.  ... Read More
An attorney can probably help you get a copy of your entire payment history but I'm not sure what you mean by "complete copy of your file". Who is... Read More
I hope that your custody agreement says something more than just "parenting time every other week". A good custody agreement will spell out the dates and times that he's supposed to pick them up and where, and will say who's supposed to pick up, who's supposed to do the drop off and things like that. If yours just says "parenting time every other week" and nothing else then he is probably not breaching the agreement since it is too vague. You need to talk with an attorney as soon as possible to work on getting more definite language in your custody agreement so that questions like this won't come up again in the future.... Read More
I hope that your custody agreement says something more than just "parenting time every other week". A good custody agreement will spell out the dates... Read More
You do not need to worry yourself about your ex and his criminal charges. You need to concentrate on doing your best to get your children back from cps. Anything that you do to try to help him to escape the consequences of his actions will be seen as you justifying or supporting him and will make the court believe that you would be more inclined to allow him access to the children and continue to cause damage to them. Therefore, CPS will use that against you in court.  Your ex did this. He broke into your house multiple times, was violent with you and ended up getting himself arrested for burglary. He is a full grown man and this is a problem that he caused all by himself. You should allow him to deal with his burglary charges and allow him to deal with the allegations regarding terminating his parental rights. You should concentrate on not getting your rights terminated and protecting your children. They are the most important thing here. Much more important than your ex.  Please put your children first.  They deserve it.  ... Read More
You do not need to worry yourself about your ex and his criminal charges. You need to concentrate on doing your best to get your children back from... Read More

Can my ex husband and i file for divorce together?

Answered 9 months ago by attorney Kathy Williams Richardson   |   1 Answer   |  Legal Topics: Divorce
One of you has to be the Plaintiff in the Divorce, and the other has to be the Defendant, so No, you cannot file together.   One of you would need to file the complaint, and then serve the other party.  Then there are additional steps that you would have to take to finish the divorce to include a court appearance.  You can look up North Carolina General Statutes, Chapter 50 and the local rules for your county to learn the steps you would need to take to do this on your own.  An attorney can make this process go alot smoother for you and can sometimes eliminate the requirement for you to appear in court altogether.  Please locate a local divorce attorney to schedule a free initial consultation to discuss the process more thoroughly.  You will receive much more information from an initial consultation, and afterward you can decide whether to retain the attorney or file on your own.  There is no obligation to hire the attorney after the consultation.... Read More
One of you has to be the Plaintiff in the Divorce, and the other has to be the Defendant, so No, you cannot file together.   One of you... Read More
UNless this is substantial damage that warrants spending money on a lawyer to intervene, this is most likely a first party (your) insurance claim or simply a claim you will have to pursue on your own with FDOT and do the best you can. Most such cases it is not financially feasible to hire a lawyer. ... Read More
UNless this is substantial damage that warrants spending money on a lawyer to intervene, this is most likely a first party (your) insurance claim or... Read More
You will need to address this with the particualr lawyer you expect to hire. That said, you seem not to understand that if you have a criminal charge, that is more important than your attending work that day. The court could careless about your inconveniences. 
You will need to address this with the particualr lawyer you expect to hire. That said, you seem not to understand that if you have a criminal... Read More