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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 7 of lawyers' answers to legal questions.

Looking for an lawyer

Answered 4 months ago by attorney Stephen Arnold Black   |   2 Answers   |  Legal Topics: Personal Injury
You may have a claim against the person who threw the log and/or the person who owned the home where you were working that day. Homeowners insurance/Commercial policies may be a source of recovery but they would need to be reviewed. Attorneys on this platform are prohibited from soliciting cases so you would need to research our backgrounds and reach out to one of us.  Stephen Black, Esq. 407-581-2581 ... Read More
You may have a claim against the person who threw the log and/or the person who owned the home where you were working that day. Homeowners... Read More
That makes no sense. Typically a claims for legal fees has to be made to the court within 30 days fo rendition of the judgment, which means you would gave gotten some notice of the claim. That said, if there is to be a court hearing you have a right to challenge the award of legal fees, and you shoudl discuss this with the lawyer than handled your underlying case. Otherwise, if you were pro-se you will need to now spend money on damage control and what that may entail, including bankruptcy is a different discussion. ... Read More
That makes no sense. Typically a claims for legal fees has to be made to the court within 30 days fo rendition of the judgment, which means you would... Read More
Sorry to hear what happened to you. If the other vehicle's insurance carrier is not accepting liability, your only real alternative is to file a lawsuit against the other driver for property damage. Depending on how much in damages you're seeking, you might be able to file suit in Small Claims Court. Take photographs of your vehicle and keep copies of any repair estimates, along with the dashcam footage. Unfortunately, given the amount at stake, you might have a hard time finding a lawyer interested in taking on your case. You can certainly find many excellent lawyers using the Find a Lawyer tab on the Lawyers.com homepage.... Read More
Sorry to hear what happened to you. If the other vehicle's insurance carrier is not accepting liability, your only real alternative is to file a... Read More

DUI charge?

Answered 4 months ago by attorney T.L. Kearney IV   |   1 Answer   |  Legal Topics: DUI/DWI
Hi, I would be happy to speak further about this DUI Charge with you. I will note that you can get DUIs for prescribed medicine. We see it actually very frequently.  Before chatting, I'd like to look your case up so I can review it and best prepare to discuss with you. Could I have a name and phone number to contact you at? In order to fix a DUI charge it is extremely important to be proactive. I have developed a Roadmap over many years of doing this that goes over exactly what needs to be done, who to contact, and how to do it. I like to provide my clients with this and make sure you fully understand it so you can begin getting us that ammunition to fix this. Being proactive too will likely greatly help the fallout that will be occurign since you are on State Parole. Getting ahead of this will be a big deal there as well. T.L. Kearney, IV Ph: 717-668-8159 x2... Read More
Hi, I would be happy to speak further about this DUI Charge with you. I will note that you can get DUIs for prescribed medicine. We see it actually... Read More

Is there a statu limitations on prison injury

Answered 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Business Litigation
No idea what you are talking about. There is no legal case "with y'all" when you are posting on a legal Q&A forum nor would there be a case waiting for 20 years to settle. There is no way to find out "whats goin on" unless you are able to identify exactly which lawyer you claim was representing you and you would need to ask them, not random people on the internet. ... Read More
No idea what you are talking about. There is no legal case "with y'all" when you are posting on a legal Q&A forum nor would there be a case... Read More
You would look for a civil rights or civil trial lawyer handing defamation or malicious prosecution cases. 
You would look for a civil rights or civil trial lawyer handing defamation or malicious prosecution cases. 
If you paid the rent in full for November then the LL cannot terminate the tenancy early. Florida law doe snot recognize a prorated or per diem rent on a month to month tenancy. If you paid less than the full rent, absent written or credible evidence of an agreement for less than the full month, the landlord would be entitled to serve a 3 day notice and sue for eviction on the 4th day. Your facts seem to suggest that you did not pay rent on the 1st when due, then on the 6th claim some agreement was made to pay for the REMAINING 2 weeks, with a vacation date of the 22nd. Then, we are expected to beleive that arbitrarily the LL demanded that you vacate 3 days later on the 9th? That sounds a lot like a 3 day notice for nonpayment of rent. As to actually towing your car, the landlord is not allowed to do that unless or until you are dispossed of the property legally such as an eviction, absent you parking the vehicle illegaly or without permission. That you called the police on the landlord makes clear there is much more to this issue than related as LL/T interaction does not degrade from courtesy agreements to pro-rate your rent to police being called in a matter of days without something happening. That "something" is likely a critical factor in who is entitled or obligated to do what. ... Read More
If you paid the rent in full for November then the LL cannot terminate the tenancy early. Florida law doe snot recognize a prorated or per diem rent... Read More
You simply need to use the find a lawyer feature to locate a lawyer of your choice. Be prepared to pay an hourly rate for that review. 
You simply need to use the find a lawyer feature to locate a lawyer of your choice. Be prepared to pay an hourly rate for that review. 
You may have a case. Take clear photographs of the stairway to document the absence of a railing. Retain a personal injury attorney in your jurisdiction on a contingency fee basis, meaning you pay nothing unless you win. If you need assistance finding an attorney, reach out on this platform and we will help you at no cost.    ... Read More
You may have a case. Take clear photographs of the stairway to document the absence of a railing. Retain a personal injury attorney in your... Read More
Dad can move to a different state, resde there the required length of time to satisfy jurisdictional requirements, and file. Taking the minor children with him, however, would not be advised. That could lead to serious ramifications.
Dad can move to a different state, resde there the required length of time to satisfy jurisdictional requirements, and file. Taking the minor... Read More
Feel free to reach out to any of us on this platform. Out-of-state attorneys can assist you in finding someone to take over the case in New York. Act quickly—judges typically give plaintiffs only a short window to retain counsel, and if counsel is not retained within that time, the case may be dismissed. Several of us would be glad to refer you to an attorney in New York.           ... Read More
Feel free to reach out to any of us on this platform. Out-of-state attorneys can assist you in finding someone to take over the case in New York. Act... Read More

Is it too late to file a case

Answered 4 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
If the accident happened this month, it is not too late to file a claim. Retain an accident attorney in your state for representation. If the claim is against a governmental entity, you face shorter time periods to file, so take immediate steps to retain counsel. 
If the accident happened this month, it is not too late to file a claim. Retain an accident attorney in your state for representation. If the claim... Read More

How much will a probate lawyer cost?

Answered 4 months ago by attorney Stephen Arnold Black   |   1 Answer
Probate lawyer fees are usually capped by state statute as a percentage of the gross estate. If the estate is solvent, most probate lawyers will get paid at the end of the case out of estate assets. 
Probate lawyer fees are usually capped by state statute as a percentage of the gross estate. If the estate is solvent, most probate lawyers will get... Read More

How are marital assets divided in the state of Florida

Answered 4 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Family Law
Dear Anonymous: You are 100% correct that Florida's  equitable distribution laws begin with the premise that all marital assets and liabilites are equally divided.  That said, since the property in question is owned jointly, but in another state, a Florida court could not  order that it be sold and divided Now you don't say you are planning to divorce.  But, you could  have a postnuptial agreement drafted where a) if the marriage doesn't work you could plan now as to  what would happen to the property and b) if you live "till death do you part" determine what would happen to the property upon the first to die.  For example, if you predeceased your wife you could provide that the Illinois property would be left to your wife, who could then dispose of the property as she chooses. Alternatively, the postnup could dispose of the property in another way when both of you pass that you could agree upon now. The difference with estate planning, is that the individual who creates the plan can change the plan in the future.  With a postnuptial it can only be changed if both parties agree. Before you make any decisions, it would be wise to  speak with an attorney who you could discuss all of the facts to help you make the right decision. Best of luck. Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward:/Miami Dade: 954-316-3496    Boca Raton:  561-962-2785 www.vovalaw.com... Read More
Dear Anonymous: You are 100% correct that Florida's  equitable distribution laws begin with the premise that all marital assets and liabilites... Read More
If you weren’t a joint tenant on the deed and the property wasn’t held in a living trust, then title must pass through probate. The court will transfer ownership to you or to whoever is named as the beneficiary in your dad’s will—if he had one.     
If you weren’t a joint tenant on the deed and the property wasn’t held in a living trust, then title must pass through probate. The court... Read More
If the court awards you attorney’s fees in your enforcement case, that award generally covers the actual fees and expenses your attorney earned, not any unused portion of your retainer. A retainer is money you’ve already paid in advance for future work — and any part your attorney doesn’t use must be refunded directly to you once your case is finished. So, if your lawyer bills less than the retainer amount, you’ll get that unused balance back from your attorney. The court’s reimbursement order would apply to what you actually paid or owe for completed legal services, not funds still sitting in trust. When your case concludes, ask your lawyer for a final billing statement showing what was earned, what’s left of the retainer, and whether any court-awarded fees have been applied. That ensures you’re properly reimbursed and the accounting is transparent under Texas law.... Read More
If the court awards you attorney’s fees in your enforcement case, that award generally covers the actual fees and expenses your attorney... Read More

Retainer

Answered 4 months ago by attorney Mr. Christopher Adkins   |   1 Answer   |  Legal Topics: Divorce
In most cases, yes — if you haven’t signed an agreement or the attorney hasn’t performed any work on your case, you can usually request a full refund of the retainer. A retainer is meant to cover future legal services, so if the lawyer hasn’t started billing time or expenses, they generally must return any unearned portion. Even without a signed contract, it’s best to put your cancellation in writing (email is fine) and politely ask for confirmation that the retainer will be refunded. If the lawyer already opened a file or did preliminary work, they may deduct a small administrative fee, but they should provide an itemized explanation if any money is withheld. If you have trouble getting your refund, you can contact the South Carolina Bar’s Fee Dispute Program, which helps clients resolve issues like this at no cost. It’s understandable to want an attorney closer to you—just make sure you get everything in writing with the next lawyer so expectations about retainers, billing, and refunds are clear from the start.... Read More
In most cases, yes — if you haven’t signed an agreement or the attorney hasn’t performed any work on your case, you can usually... Read More

Lawsuit

Answered 4 months ago by attorney Mr. Christopher Adkins   |   1 Answer
Even without a written contract, you may still have legal options under North Carolina civil law to recover the money if you can show there was a clear agreement or understanding that your daughter and son-in-law would repay the loan. Their past payments toward interest strongly support the existence of an oral contract or implied agreement to repay you. You’ll want to gather all documentation showing the loan and payment history — bank statements, withdrawal records, text messages, or emails discussing repayment terms. Those can be used as evidence in a civil lawsuit for the remaining balance. Since they live in Thomasville, NC, you’ll need to hire a North Carolina attorney—ideally a collections or civil litigation lawyer in Davidson County—to file the claim locally. Depending on the amount and circumstances, your attorney might pursue repayment through a breach of contract claim, a promissory estoppel argument, or even a constructive trust on the property if the funds were tied to it. Act sooner rather than later—North Carolina has a three-year statute of limitations on most oral agreements, so timing matters. A local attorney can review the full history and file the proper suit to protect your right to recover the $150,000.... Read More
Even without a written contract, you may still have legal options under North Carolina civil law to recover the money if you can show there was a... Read More
If the masonry contractor’s work caused debris, mortar, or dust to fall onto your property, the neighbor or the contractor may be responsible for the cleanup and any resulting damage. Even if your neighbor hired the contractor, the law generally holds the property owner and their contractor accountable for making sure work doesn’t damage or interfere with another person’s property. Start by taking photos or video of the mess, including dates and angles showing where the debris came from. Then politely notify your neighbor in writing (text or email is fine) that the work created a mess on your property and request that it be cleaned up or paid for within a reasonable time. If the neighbor refuses, you can contact the masonry company directly and explain what happened — they may fix it to avoid a complaint. If neither acts, you can file a claim in small claims court for the cost of cleaning and repairs. If the damage is significant or the contractor continues to trespass onto your property, consider speaking with a Pennsylvania property or construction law attorney for help enforcing your rights.... Read More
If the masonry contractor’s work caused debris, mortar, or dust to fall onto your property, the neighbor or the contractor may be responsible... Read More
You should speak with a North Carolina personal injury attorney immediately. You may have multiple claims here — one against the at-fault driver for causing the crash and another potential product liability claim if the airbags failed to deploy properly in the rental vehicle. Both claims could involve complex insurance and jurisdictional issues, especially since you live in Arizona and the accident occurred in North Carolina. Start by getting copies of the police report, hospital records, and rental agreement. An attorney can help you: Investigate why the airbags didn’t deploy and whether there’s a mechanical or manufacturing defect. Identify all available insurance coverage — including the other driver’s policy, Enterprise’s coverage, and possibly your own. Handle communications with insurers so you don’t say anything that could harm your claim. Document your medical care, lost income, and pain and suffering for a full recovery. Time limits apply under North Carolina’s statute of limitations (usually three years for injury claims), so it’s important to act quickly. A local attorney can coordinate care and handle everything while you recover, even if you’ve already returned to Arizona. If you’re unsure where to start, search for North Carolina personal injury attorneys experienced in rental car or product defect cases. Most offer free consultations and can begin investigating right away.... Read More
You should speak with a North Carolina personal injury attorney immediately. You may have multiple claims here — one against the at-fault... Read More

Should I seek representation

Answered 4 months ago by attorney Mr. Christopher Adkins   |   1 Answer   |  Legal Topics: Criminal Law
Yes — you should absolutely seek legal representation right away. Being accused of stealing credit card information is a serious matter that could lead to criminal charges, even if you are completely innocent. Do not try to explain yourself to your employer, investigators, or law enforcement without an attorney present, as anything you say could be misinterpreted or used against you later. A criminal defense attorney can contact your employer or the police on your behalf, find out whether formal charges have been filed, and help protect your rights during any investigation. If this allegation involves your job in health care, it could also affect your professional license, so an attorney can advise you on that as well. In the meantime, gather any documents, timecards, or communications that may show your innocence or access limits, but don’t share them until you’ve spoken with your lawyer. The most important step right now is to hire a defense lawyer or request a public defender if you can’t afford one.... Read More
Yes — you should absolutely seek legal representation right away. Being accused of stealing credit card information is a serious matter that... Read More

Physical Separation

Answered 4 months ago by attorney Mr. Christopher Adkins   |   1 Answer
If your husband is still claiming VA spousal benefits while you’re separated, you’re not automatically entitled to payments directly from the VA. The VA sends all benefits to the veteran, and it’s up to him to report marital or household changes. However, if you’re legally separated or an annulment is pending and he hasn’t updated the VA, he could be overpaid for spousal benefits, and the VA may later require repayment. You can contact the VA Regional Office and file a VA Form 21-0788 (Information Regarding Apportionment of Beneficiary’s Award) to request a portion of his benefits if you’re separated and need financial support. The VA reviews these requests case by case, considering need and fairness. Keep copies of the annulment paperwork and proof of separation. If he refuses to cooperate, you can also contact the VA Office of Inspector General to report false dependency information. A veterans’ benefits attorney or accredited VA claims agent can help you file the apportionment request and communicate with the VA to make sure your rights are protected.      ... Read More
If your husband is still claiming VA spousal benefits while you’re separated, you’re not automatically entitled to payments... Read More
You can request a correction or supplement to a police report, but you generally can’t force the officer or department to change it. In California, police reports reflect the officer’s opinion at the time of the crash, and they are not legally binding when determining fault in insurance claims or lawsuits. If you have dash-cam video that clearly shows what happened, you should provide a copy to the investigating agency and ask that it be added to the case file as supplemental evidence. You can also submit a written statement or “counter-report” explaining the errors and including your supporting evidence. Even if the officer doesn’t amend the report, you can use your video and statement to challenge fault with your insurance company or, if needed, in court. Insurers and judges rely on evidence, not just the report’s conclusions. If the accident involves significant damages or potential liability, a California personal injury attorney can help present your video evidence effectively and, if necessary, dispute the officer’s findings through proper legal channels.... Read More
You can request a correction or supplement to a police report, but you generally can’t force the officer or department to change it. In... Read More
If you’ve paid for the car in full but haven’t received the title, the seller is legally required to transfer it to you. Since the vehicle came from Mississippi, you’ll need to work with the Mississippi Department of Revenue, Title Bureau to verify who the titled owner is and whether there are any liens on the vehicle. Start by gathering all proof of payment—receipts, text messages, a bill of sale, or any written agreement. Then contact the Mississippi title office and explain that you purchased the car but the seller hasn’t transferred the title. They can tell you what forms to file, such as a bonded title application or complaint for failure to transfer title. If the seller refuses to cooperate, you can also report it to law enforcement or the state’s consumer protection division because keeping a title after full payment can be considered fraud. You may want to consult a Tennessee or Mississippi attorney who handles vehicle-title disputes to help you file the necessary paperwork or a small claims action to compel the seller to sign over the title. Acting quickly is important before your temporary tag or drive-out expires.... Read More
If you’ve paid for the car in full but haven’t received the title, the seller is legally required to transfer it to you. Since the... Read More
If you can’t make your court date, you should contact the court immediately—ideally before your scheduled time. Call the clerk of court’s office listed on your summons and explain that you have a medical appointment that conflicts with your hearing. Ask whether you can file a written request or motion to continue (reschedule) your court date. If the hearing is later today and you can’t reach anyone by phone, you or your attorney should email or go in person to the courthouse as soon as possible to let the clerk or judge’s staff know. Provide proof of your neurologist appointment, such as an appointment confirmation or note. If you simply don’t show up and don’t notify the court, the judge could issue a bench warrant or enter a default judgment against you, depending on the type of case. Acting quickly and showing good cause—especially a verified medical reason—usually prevents that. If you’re unsure how to file a continuance, call the clerk’s office first thing this morning or contact an Alabama attorney who can help you request a new court date properly.... Read More
If you can’t make your court date, you should contact the court immediately—ideally before your scheduled time. Call the clerk of... Read More