Kentucky Recent Legal Answers from Lawyers

Obviously, if the radiologist failed to see a fracture that was diagnosed a couple of weeks later, you have reason to suspect that you received negligent care. Nevertheless, if the delay in diagnosis did not cause you a permanent problem, then you likely do not have a financially viable case. Articles below explain this in more detail.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

Your bankruptcy lawyer should've explained this process to you, but many do not. Bankruptcy only discharge is your legal obligation to pay a debt, it does not remove collateral obligations to a piece of property, unless a motion is filed in granted. As no motion was filed in this matter, we won't be discussing motions. But when you had your financial obligation to repay your mortgage discharged, this did not affect the collateral the bank has on your property. Meaning that the bank still must go through the entire foreclosure process. This does not mean that you'll have to pay all these fees, but it will take going back to bankruptcy court to deal with it. I would contact your bankruptcy lawyer and have him or her reopen the case, put these new fees and and argue that the new fees are part of the original mortgage that was discharged in the primary reason for initially filing your bankruptcy in the first place. Many judges will accept this argument as it is really part of the same debt. But be well aware that this is not an automatic thing and the judge need not accept the argument and you may spend all this money for nothing. You may want to figure out if paying off the debt would be better than taking the risk in paying an attorney to reopen the case and file said motions, the choice really is up to you. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read Answer

Usually both the attorneys name and your name will be on any settlement check sent from a third party. Then both you and your lawyer endorse the settlement check.  The lawyer then deposits the settlement check into their trust account and then cuts you a check for your portion (usually less attorneys fees and expenses, if any).  Then you leave with your check and deposit or cash it.   Most often, the attorney will already have your check ready to go and you will get your check and endorse the settlement check the same day, however, some offices may handle this differently. If you have any concerns, just be open and honest with your attorney and ask questions.  Best of luck! NOTE: This response is general in nature and should not be considered legal advice.  No attorney client relationship exists or is formed by this response. ... Read Answer

In chapter 7 bankruptcy, if you cannot exempt an asset and is jointly owned by two people and one files bankruptcy, there is a danger to that property. But in most situations there are exemptions that will be used by your bankruptcy lawyer to protect those assets. If the joint asset we are discussing is a house and it has a mortgage, then they could not take that home in bankruptcy. In fact any property that is subject to a loan will not be touched in bankruptcy court, as you don't technically have title until the loan that is secured by the asset has been completely paid off. And most people situation their home is not paid off. If your home is paid off then the next protection you have will be your Homestead exemption, which most states have. In almost every state Homestead exemption is over $35,000, so your home would be safe from that. This does not mean that they cannot put a lien on your home, and you should file bankruptcy prior to a lean been attached to your real estate as this will not be removed in your basic bankruptcy petition. Even if you do have a lean by the bank there is something your bankruptcy attorney can do which is called filing a motion to avoid lien, which can be useful to strip lien such as this or even a second mortgage. Such answer your question joint property can be taken, but there are numbers of things and experienced bankruptcy attorney can do including using chapter 13 bankruptcy to protect your assets and still allow you to file for bankruptcy. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

Hello,   To determine if your father can avoid deportation from the U.S., more information is needed about   the length of his sentence, the type of drug related crime he committed, his criminal and immigration history, etc. Since drug convictions can often lead to a person being put into removal proceedings, it is important that you take the details of your father's criminal case and his U.S. legal residency information and consult with a local immigration attorney in your city to see if he is a good candidate for a criminal waiver. Good luck.   Disclaimer:  The answers to frequently asked questions are based on limited information available to us.    The answer provided is of a general nature and does not establish an attorney - client relationship.  It is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation.... Read Answer

The big obstacle in most dental malpractice cases is whether the case is financially viable. Most injuries that occur as the result of dental malpractice are able to be fixed. It sounds like you suffered from pretty significant complications if you had an infection that resulted in hospitalization. If you suffer lasting harm from the dental malpractice and you want to investigate a medical malpractice case you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

Your husband, as a parent, has a legal obligation to financially support his children. If he was never married to the mother, he has no rights to time-sharing (visitation) or decision-making unless he initiates a paternity action. However, you should be aware that the right to visitation and the obligation to pay child support are not one and the same.... Read Answer

He may request a DNA test but if the child is his then he will be required to pay child support whether or not he chooses to see the child. In Kentucky, every biological parent is required to financially support his/her biological child. There may be a question as to how much should he pay but you will need to retain an attorney near you if you want to make certain he isn't ordered to pay too much each month. I hope this has helped and I wish you all the best.... Read Answer

If no legal relationship has been established then the child support action is probably an action to determine paternity as well. Once paternity is established the court can make decisions regarding what type of parenting time he will have etc. It would be in his best interests to retain an experienced family law attorney to assist him with establishing parenting time and custody of this child.... Read Answer

Your question sounds simple but is really the exposition of a very complicated situation. If your husband is not seen his child for over two years and has not been supporting her it is possible that he could have his parental rights terminated. As the father of the child he is liable for support, whether or not he sees his daughter and whether or not his parental rights are terminated. Rights and obligations are separate and distinct. I would suggest that you confer with an attorney with all of the details and a plan of action of what you and he would like to do regarding his child.... Read Answer