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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 2 of lawyers' answers to legal questions.

Can I reopen a case?

Answered 25 days ago by attorney Mr. Jonathan R. Ratchik   |   1 Answer   |  Legal Topics: Personal Injury
Sorry to hear what happened to you. Absent any fraud or duress in getting you to settle your case, there'd be no basis to reopen the settlement. That you are still experiencing symptoms is not grounds to vacate a settlement - that's the risk of settling. Every settlement takes into consideration this risk and that your condition in the future could improve, stay the same or, in your case, get worse. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer
Sorry to hear what happened to you. Absent any fraud or duress in getting you to settle your case, there'd be no basis to reopen the settlement. That... Read Answer
Sorry to hear that your're still experiencing symptoms from the motorcycle crash. Absent any fraud or duress in getting you to settle your case, there'd be no basis to reopen the settlement. That you are still experiencing symptoms is not grounds to vacate a settlement - that's the risk of settling. Every settlement takes into consideration the fact that the future is unknown and that your condition could improve, stay the same or, in your case, get worse. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer
Sorry to hear that your're still experiencing symptoms from the motorcycle crash. Absent any fraud or duress in getting you to settle your case,... Read Answer

Re opening a case

Answered 25 days ago by attorney Mr. Jonathan R. Ratchik   |   1 Answer
Sorry to hear that your're still experiencing symptoms from the motorcycle crash. Absent any fraud or duress in getting you to settle your case, there'd be no basis to reopen the settlement. That you are still experiencing symptoms is not grounds to vacate a settlement - that's the risk of settling. Every settlement takes into consideration the fact that the future is unknown and that your condition could improve, stay the same or, in your case, get worse. If you still wish to view your file, you'd have to go to the county clerk's office in which the case was filed and requisition it. Given how much time has elapsed, it's likely been archived. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer
Sorry to hear that your're still experiencing symptoms from the motorcycle crash. Absent any fraud or duress in getting you to settle your case,... Read Answer

Do I have a medical malpractice suite?

Answered 25 days ago by attorney Mr. Jonathan R. Ratchik   |   1 Answer   |  Legal Topics: Medical Malpractice
Sorry to hear about your experience. In any malpractice action, you have to demonstrate: 1) a departure from the standard of care; and 2) harm resulting from the departure. Even assuming that leaving surgical tape behind was a departure from the standard of care, you have not suffered any resulting harm as you passed the tape without incident. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer
Sorry to hear about your experience. In any malpractice action, you have to demonstrate: 1) a departure from the standard of care; and 2) harm... Read Answer
Sorry to hear about your experience. Dogs do not owe other dogs a duty of care under the law. Owners, on the other hand, have a duty to exercise reasonable care in the ownership and control of their dogs. Whether you were exercising reasonable care under the circumstances really depends on the history of your dog. If your dog has never bitten another dog or exhibited vicious tendencies, having him on a leash arguably satisfied your duty of care. On the other hand, if your dog has previously bitten other dogs or exhibited aggressive behavior, then it arguably should have had a muzzle. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer
Sorry to hear about your experience. Dogs do not owe other dogs a duty of care under the law. Owners, on the other hand, have a duty to exercise... Read Answer

Food

Answered 25 days ago by attorney Mr. Jonathan R. Ratchik   |   1 Answer
Sorry to hear what happened to your son. Your post did not contain a question. Assuming you're asking whether you might have a potential lawsuit against the restaurant and without minimizing what your son went through, an ER visit, without more, would not justify the time and expense of a personal injury / products liability lawsuit. You can try asking the restaurant to reimburse you for any out-of-pocket medical expenses. Some insurance policies have what is commonly referred to as a "med pay" provision which will cover a claimant's medical expenses regardless of fault. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer
Sorry to hear what happened to your son. Your post did not contain a question. Assuming you're asking whether you might have a potential lawsuit... Read Answer
Absolutely you need her to give you a promissory note and grant you a mortgage lien on the property.  The amount you are loaning her should not be considered a gift because it is in excess of the $19000 annual gift tax excusion.  So, if you do not set it up as a loan you could be hit with gift tax later on.  What you could do, however, is structure it as a loan upfront but forgive a little every year which as long as the amount forgiven is less than the gif tax threshold you willnot be considered to be giving a taxable gift.... Read Answer
Absolutely you need her to give you a promissory note and grant you a mortgage lien on the property.  The amount you are loaning her should not... Read Answer

Who pays

Answered 29 days ago by attorney Stephen Arnold Black   |   2 Answers   |  Legal Topics: Personal Injury
Sorry to hear about this accident. I hope you're recovering well under the circumstances. The driver of the other car will need to pay for all your medical bills lost wages and pain and suffering. If there's a PIP policy the first 10 thousand is exhausted. Retain an attorney on contingency fee which means you pay nothing unless you win. You will have to research your backgrounds and reach out to one of us because this platform prohibits us from soliciting your case.... Read Answer
Sorry to hear about this accident. I hope you're recovering well under the circumstances. The driver of the other car will need to pay for all your... Read Answer
Contact the local SSA office and correct your bank information.  They should be able to re-issue the check and it'll come in a couple days.
Contact the local SSA office and correct your bank information.  They should be able to re-issue the check and it'll come in a couple days.

What percentage of a trust home does the husband have if any

Answered a month ago by attorney Thomas Weiss   |   1 Answer   |  Legal Topics: Real Estate
Good afternoon, The answer to your questrion depends on what the deed says.
Good afternoon, The answer to your questrion depends on what the deed says.

THE RIGHT THING TO DO

Answered a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
All these items are for use only in the US and sending them to him to facilitate his ability to work and drive if he is planning to return to the US could be problematical to you. Portions of the law assess liability to someone who assists or encourages inadmissible aliens to come to the US. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer
All these items are for use only in the US and sending them to him to facilitate his ability to work and drive if he is planning to return to the US... Read Answer

Is it better to switch from F1 to B1/B2

Answered a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Because of the long period of time between the ending of her OPT and the beginning of a new program, perhaps it would be better for her to depart and apply for new F-1 visa when the new I-20 is issued for the August 2027 program. I assume that she is not on the list of countries whose nationals are banned from applying for F-1 and other types of nonimmigrant visas. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer
Because of the long period of time between the ending of her OPT and the beginning of a new program, perhaps it would be better for her to depart and... Read Answer
Since she is already overseas, she will have to process her case through the NVC. She may also have to submit an I-601 application for waiver of ground of excludability if she was unlawfully in the US under most type of situations. The waiver would have to be based upon extreme hardship to her mother and would be applied for following consular interview and denial of the immigrant visa application. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer
Since she is already overseas, she will have to process her case through the NVC. She may also have to submit an I-601 application for waiver of... Read Answer

Is it safe to travel with I-90 pending?

Answered a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Such a small mistake on the 10 year green card would not appear to be a basis for denying entry. If the CBP officer catches it, you could point out that it was not your error. Filing an I-90 as a preventive measure at this time may not be the best solution as such a filing requires that you attach the flawed card as part of the application. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer
Such a small mistake on the 10 year green card would not appear to be a basis for denying entry. If the CBP officer catches it, you could point out... Read Answer
In your situation, you probably need a good criminal attorney. For immigration purposes, you should engage an immigration attorney who also knows something about criminal law and how it affects immigration status – in other words, an attorney versed in what we term Crimmigration. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer
In your situation, you probably need a good criminal attorney. For immigration purposes, you should engage an immigration attorney who also knows... Read Answer
The judgment becomes final ten (10) days after it was entered. At that point the Sheriff's Department will come out and physically remove you from the premises. Typically your property will be left at the curb regardless of the weather. The landlord has no liability associated with your property being taken or damaged as a result so you want to be out beforehand.... Read Answer
The judgment becomes final ten (10) days after it was entered. At that point the Sheriff's Department will come out and physically remove you from... Read Answer

Can we find an attorney to help us?

Answered a month ago by attorney Dani K. Liblang   |   1 Answer   |  Legal Topics: Wrongful Death
I'm sorry for your loss. Under Michigan's Wrongful Death Act, only the personal representative of the decedent's estate may bring a wrongful death action, regardless of relationship status. Thus, as the decedent's fiance, you would have no standing to bring the claim unless you were appointed as the personal representative of your fiance's estate.  Supplying an illegal substance, including crack cocaine, can satisfy the "wrongful act" element of a wrongful death claim against the best friend. Liability does not depend on the best friend having been convicted of a crime. The fact that the coroner and/or the police apparently did not link supplying the cocaine to your fiance's death does not bar the claim, but it may complicate proving a causal relationship between supplying the cocaine and your fiance's death. Also, although there is generally no common law duty requiring the best friend to call for emergency assistance, there is an exception where the best friend created the situation and observed the resulting medical distress. All that said, even if the claim is successful, it may be very difficult to collect on any judgment obtained against the best friend.  As far as making a claim against the coroner or the police, that is likely impossible due to governmental immunity. There would have to be proof of gross negligence. Mere incompetence would not be enough to fall within the gross neglgience exception to governmental immunity.  I hope this information, though likely disappointing, is helpful. Again, I am sorry for your loss. ... Read Answer
I'm sorry for your loss. Under Michigan's Wrongful Death Act, only the personal representative of the decedent's estate may bring a wrongful death... Read Answer
I would recommend consulting with a Social Security Disability attorney.  There can be up to 12 months of retroactivity and it could be a higher benefit amount than retirement.  
I would recommend consulting with a Social Security Disability attorney.  There can be up to 12 months of retroactivity and it could be a higher... Read Answer

Unearned income on ssi

Answered a month ago by attorney Steven Neil Perrigo   |   1 Answer   |  Legal Topics: Social Security
SSI is a needs based program and almost all income, like unemployment, is countable towards eligibility and payments.  There isn't a way to exclude it from counting against your SSI.
SSI is a needs based program and almost all income, like unemployment, is countable towards eligibility and payments.  There isn't a way to... Read Answer
If this injury happened while you were working, in many states your claim would fall under workers' compensation. Work comp is typically “no fault" and would cover your medical bills, a portion of your lost wages, and an injury settlement. Work injury laws vary greatly in different states, so it's best to consult with an accident lawyer licensed in your state as soon as possible. In most states, you cannot sue a co-worker for negligence if the injury occurred within the scope of employment. However, if the at fault party was employed by someone else, you could potentially have a 3rd party claim in addition to your work comp claim. This type of claim would typically allow a recovery for pain and suffering and could significantly increase the total value of your case. Please be advised that this answer is for informational purposes only and does not create an attorney-client relationship. I would recommend that you speak with an attorney licensed in your state as soon as possible. There could be notice deadlines approaching.... Read Answer
If this injury happened while you were working, in many states your claim would fall under workers' compensation. Work comp is typically “no... Read Answer
It's always worth taking advantage of a free consultation with a lawyer licensed in your state. If you're listed at fault on a crash report but didn't have the opportunity to share your side of the story, especially in a“ he said, she said” accident with no video or independent witnesses against you, a personal injury lawyer may be willing to take your case if your injuries are significant. Please be advised that this answer is for general informational purposes only, and does create an attorney client relationship. You should consult with an attorney licensed in your state to discuss your specific situation.... Read Answer
It's always worth taking advantage of a free consultation with a lawyer licensed in your state. If you're listed at fault on a crash report but... Read Answer
Yes, they are likely basing this on the circumstances and the theories of both actual & constrcutive possession. This is a VERY serious charge and I would lhighly recommend having experienced counsel to represent you during this time and throughout the whole case.
Yes, they are likely basing this on the circumstances and the theories of both actual & constrcutive possession. This is a VERY serious charge... Read Answer

Need a representative to handle retirement.

Answered a month ago by attorney Steven Neil Perrigo   |   1 Answer   |  Legal Topics: Social Security Disability
Not sure what you mean by "orbit". 
Not sure what you mean by "orbit". 

Social Security attorney termination

Answered a month ago by attorney Steven Neil Perrigo   |   1 Answer   |  Legal Topics: Social Security
You should contact Legal Services or Legal Aid to see if they can help you.  
You should contact Legal Services or Legal Aid to see if they can help you.  
Your Net Earnings from Self Employment will count as earnings. 
Your Net Earnings from Self Employment will count as earnings.