Maine Recent Legal Answers from Lawyers

I'm sorry to hear about this.  The statute of limitations in Texas will apply and a lawyer licensed in Texas would be required to file the lawsuit.  A malpractice suit is a civil suit.  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 as a result of this response. ... Read Answer

What you can do with this boat is simply enjoy it. As you do not have the title, you do not legally own the boat. Since you do not legally own the bulk there is no legal way for you to sell it, give it away or even donated to charity. If I were you since you had registered in the past, you will be able to keep registering in the future without the title. But you will not be able to transfer it to anyone, under any circumstances. This is a secured debt and even though bankruptcy had discharge your obligation to pay the debt, it did not destroy the collateral interest the bank has in the boat. The bank would simply write this off as a loss and unless you pay the $4000 you owe they will not give you the title. So essentially you can either use the boat, take it apart and sell the pieces individually or you can scrap the boat, but under no circumstances can you attempt to transfer ownership to any other person or entity, even if it's in a charity. 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

Here are the basic rates for Bankruptcy in Massachusetts, rememeber legal fees are generally higher in some states and lower in others, but filing fees never chnage. Chaper 7 filing fee = $306.00 Chapter 7 legal fees = $1,500.00 Chapter 13 filing fee = $281.00 Chapter 13 legal fees = $3,500.00   You will also have to take two courses (online, over phone or in person) Credit Counseling & Finacial Management = $10.00 - $25.00 per course.   Generally Chapter 7 Bankruptcy fees must all be paid for before you file. Chapter 13 Bankruptcy usually has 1/2 to 2/3 of fees upfront and the remainder can be paid off in the plan. 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

If you petition for her as a fiancée under a K-1 visa, your girlfriend could come to the US within approximately 9 months. If you choose to marry her prior to petitioning for her, the permanent residence application would take approximately 1-2 years given the present backlogs of U.S.C.I.S.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

The question will be whether the delay in diagnosing the problem caused you harm that is permanent in nature. If it did you may have a case worth investigating, if it did not your case is probably not financially viable. The links 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

You can appeal, but you need a lawyer and you have to do it in 30 days. You can file a PCRA within one year. You also need a lawyer for that. Once you plead guilty it is really hard to challenge on appeal as the court probably asked you a million questions to make sure you understodd what you were doing and you probably said yes to all of them. You mention "deferred disposition". They dont call it that in my county but that usually means as long as you don't get in trouble until you come back to court, the charge is withdrawn. I would ask the lawyer or anyone you can if that is what you received . IF it is, you may just want to forget about appealing and just behave for one year. ... Read Answer

It is hard to no whether you have a viable malpractice case without the details of the treatment. If it was laser photocoagulation to repair or avoid a retinal detachment, a host of complications can occur in the absence of negligence that lead to a poor outcome. At the same time, we have successfully prosecuted cases on behalf of clients when a medical mistake did occur. If the laser was to correct a refractive error, you may also have a case.  If you do want to investigate pursuing the 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.   ... Read Answer

Yes.  The situation you describe is what 99% of people who file bankruptcy do.  Of course, if you have $25,000 in equity and do not have sufficient exemptions to protect that equity, the Trustee may sell your home in a Chapter 7 case. There is no requirement to reaffirm a mortgage in a bankruptcy case.  It is not necessary. See more about what happens to mortgage debts after bankruptcy.   Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

It sounds like you may have a medical malpractice case from the negligent splintting. The question will be whether the case is financially viable. If you had to visit a wound clinic for four months, it may be.  If you want to investigate a 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,  ideally with experience in cases that involve your medical issue. 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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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  Skype: john_ratkowitz Web: www.starrgern.com.  ... Read Answer

Failure to diagnose cancer can be a form of medical malpractice. In proving a "failure to diagnose cancer medical malpractice case," one must prove that the doctor breached a duty of care, that you were injured by the breach and that you had a doctor-patient relationship. You may wish to seek the counsel of a medical malpractice attorney in your area who can further advise you. ... Read Answer

I don't know about Obama's executive order, but you asked your question in the bankruptcy category, so I will tell you that student loans are only dischargeable in bankruptcy if you can prove, after trial, that repaying the loans would constitute an "undue hardship" on you and your family, as that term is defined by case law in your jurisdiction. You should consult with an experienced bankruptcy attorney in your area for more details. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

You will require an immigrant visa to travel to the US now that you have a petition pending.  The visa waiver program is not available to someone who is married to a US citizen and pending an immigrant visa.  You can apply for a K3 visa to travel to the US and wait in the US for your petition to be approved, but it may take just as long to process the K3 visa application as it will to wait for your petition to finally be approved.  ... Read Answer

I'm not sure what your question is, but you should have a consultation with a bankruptcy attorney in your area for more details on your options and eligibility. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

A trademark is something that you have, not something that you apply for. You can apply to register a tradmeark that you already have. Trademarks, in general, are acquired through use. That is, in the most common circumstance, you will apply to register the mark that you are already using. A U.S. federal trademark registration may be obtained based on use "in commerce." Commerce includes, for purposes of the Trademark Act, international commerce.... Read Answer

It is hard to tell you whether you have a viable medical malpractice case. Every time somebody has a clotting disorder they are placed on Coumadin and then as a result of this doctors have to engage in a balancing act between trying to keep the blood thinned out enough to avoid and ameliorate the clots while simultaneously avoiding the dangers of internal and external bleeding. To know whether the case is viable, an attorney would have to sit down examine the medical records and then submit the case to an expert. If you want to investigate a 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,  ideally with experience in cases that involve your medical issue. 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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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  Skype: john_ratkowitz Web: www.starrgern.com.... Read Answer

The standard is "liklihood of confusion" in the relevant marketplace. Multiple registrations as you mention are probably not required and would be very expensive. Beyond that, your analysis would be very fact specific and you would need to consult an attorney. Answering your last question, if you own the trademark, you can force owning the domain names, whether dot net or dot com. However, since trademark ownership requires use in commerce (except an intent to use mark) then your domain name question about non-use of the mark in commerce makes no sense, and developing a web site for a product in sale is so simple as not to be avoided.... Read Answer