Mississippi Recent Legal Answers from Lawyers

I'm  not admitted to practice in MS and so couldn't represent you, but I thiink you should be aware that the problem with suing the person who shot you, in most instances, is that they won't have any money to pay, especially if, as I assume, that person is in jail.  Obtaining a large judgment is great, but it means nothing if the judgment debtor can't pay it.  That's why when you consult a lawyer in MS (you need to do so) he/she will try to ascertain if (a) the person who shot you has assets and/or insurance coverage; and (b) if there is any other party who could be deemed partly responsible for your damages.  For example, any lawyer would look into the question of whether Winn Dixie had perhaps been negligent in failing to provide adequate security, if the person/entity who had sold/given/loaned the gun to the shooter was negligent in doing so, etc.... Read Answer

Yes, in a custody arrangement, where one party decides to move out of state, might cause concern. And therefore they can petition the court to prevent the child from moving out of state. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read Answer

Necessary steps would be sumarized to Negotiating and coming to terms on all issues of the divorce such as custody, assessts, alimony, support, etc. Once you have settled on these issues mutually, you can and he both can keep the litigatione expense to a minimum. Have an attorney review the divorce papers and prepare a response and submit it in court. You can expect to pay anywhere from $1,200 to $5,000 in attorney fees depending on who you go to for guidance and assistance. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey. Looking forward to hearing from you.... Read Answer

As much as I encourage parents to work together and maintain a healthy relationship with the kids, I don’t think it would be best to leave the child with him completely. He can have supervised visitation. Also no it’s not illegal to have your husband on the birth certificate as hospitals most times goes by the marriage certificate and assume the father of the child is the present man at the time of child birth. You did the right thing to ask him to take you to court if he wants to see the child. However I doubt he getting the best lawyer to fight for custody even than you can use his criminal background and drug history to contest that he should only get supervised visitation. His lawyer might petition the court for DNA and stuff and to change the birth certificate. So don’t be surprised when that comes about. Doing that will ensure he utilizes his rights. The decision to go to court is good but expensive.  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in MS. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in MS.... Read Answer

This is a technical situation. You will have to pay child support till the age 21 if she remains in school. She never graduated, but out of school at what age? How much child support did you pay because many attorneys will not take the case for small amounts? Depending on many factors, you might be able to bring a claim against both the other parent and DHS to reimburse you. Be advised such cases require a retainer charged by many attorneys starting at $3,000. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Support lawyer available in MS. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Support Lawyer in MS.... Read Answer

As a general matter, if you make significant revisions, you should obtain an additional copyright registration to protect the new content, which would likely be considered "derivative work" based on the original work.  Minor revisions, such as correcting typos, changing title, or changing short phrases or names, would not require an additional registration.... Read Answer

  I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result. Further, your question requires too many questions on my part and too many answers on your part before I can even formulate recommendations as to the course(s) of action you should take. Don't file anything until you've consulted with an immigration lawyer. As to DNA testing; no, it won't be required as the birth certificate listing you two as parents will suffice to go to prove the bona fides of your marriage. Good luck, folks........Ray  ... Read Answer

That depends on (a) whether you handle the matter yourself; (b) how hard the defendant will fight the action; and (c) whether the other party will, or can, pay a judgment voluntarily.  If you handle the matter yourself in small claims court, there is no defense to your claim, and you know where the other party has sufficient assets to pay your judgment (i.e. you know their bank account), you should ba able to do it for less than $1,000, not counting the value of your time.... Read Answer

Dependent upon the situation, an illegal immigrant can become legal after 13 years of living in the US. However, that presupposes that there is some basis other than the 13 years of residence. For example, an individual may be eligible for relief in the immigration court by showing 10 years continuous residence, good moral character, and that removal to another country would cause exceptional and extremely unusual hardship to a US citizen spouse, parent, or child. Other reliefs may be available, and your best move may be to consult an immigration lawyer about other possible options. 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

Whether you continue with the divorce or try to work things out is solely up to you. From an immigration standpoint, divorcing will not prevent you from removing the conditions on your residence. You may still remove conditions of you entered the marriage in good faith. You can read more at http://myattorneyusa.com/removal-of-conditions.... Read Answer

Whether you continue with the divorce or try to work things out is solely up to you. From an immigration standpoint, divorcing will not prevent you from removing the conditions on your residence. You may still remove conditions of you entered the marriage in good faith. You can read more at http://myattorneyusa.com/removal-of-conditions.... Read Answer

You need to speak to an experienced family law attorney in the state where your son and daughter-in-law live. Though your daughter-in-law is an alien, your question is not involve immigration law. Her status may factor into a determination in custody but it will not disqualify her. Your son should strongly consider hiring a family attorney ASAP.... Read Answer

You probably do not have a financially viable case. If you had chest pain, you already had a PE and the treatment would have been the same notwithstanding the delay in diagnosis.  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 for more information about me.   Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.... Read Answer

Hello, At this point, I would suggest that you contact the insurance company directly. You can find out what company it is by going to the MS workers comp commission website at www.mwcc.state.ms.us, click on the Services tab at the top of the page, scroll down and choose Employers work comp. insurance coverage and then plug in your employer's information OR you can contact the commission at 601-987-4200. Good luck!... Read Answer

If you and your boyfriend marry, you would be able to petition for him to receive an immigrant visa. His brain damage would not prevent him from immigrating unless he poses a danger to himself or others. He is not required to work in the United States. However, he will need to show he will not become a public charge as part of the immigration process. This is accomplished by you (and a joint sponsor depending upon your income) filing an affidavit of support. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

If you received a 1099 you were classified as an independent contractor, not an employee, althought you could challenge that so it is not a big obstacle.  However, absent a contract which limits an employer's right to fire an employer (for example, providing that an employee can only be fired for good cause), an employee can be fired for any reason not prohibited by statute (e.g. race, religion, gender, etc.)  So unless your contract limited the reasons why you could be fired, or unless you believe that you were discriminated against on the basis of your race, religion, etc, I don't think you have a valid claim.... Read Answer

Defamation (which can be either slander or libel, depending on whether it is oral or written) is a civil tort, not a crime.  To fight it, you can try to publicize the true facts and/or file a civil lawsuit.  The state would not be involved in either, other than to administer and adjudicate your lawsuit.... Read Answer